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2020 Supreme(MP) 800

G. S. AHLUWALIA
Rajeev Sharma – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates Appeared:
Vivek Kumar Mishra, Advocate, Anoop Nigam, Advocate

JUDGMENT

G S Ahluwalia, J. - Heard finally through Video Conferencing.

2. Case diary is available.

3. This second application under Section 439 of Cr.P.C. has been filed for grant of bail.

4. The applicant has been arrested on 04.07.2020 in connection with Crime No.170/2020 registered by Police Station Lahar, District Bhind for offence under Section 379, 414 of IPC & Section 53 of Mines and Mineral Act.

5. Applicant's first bail application was rejected on merits vide order dated 04.08.2020 passed in M.Cr.C. No.24867/2020.

6. It is submitted by the counsel for the applicant that earlier in the month of July 2020, the applicant had filed an application before the trial Court for framing of charges but the said application was rejected by the trial Court in the light of the suspension of normal court functioning.

7. It is submitted that the applicant is an accused of an offence, which is triable by Magistrate and on one hand the trial Court is not proceeding with the trial and on the other hand, the High Court is not granting bail in an offence, which is triable by Magistrate, therefore, where the applicant should go. It is further submitted that in the light of Section 437(6) of Cr.P

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