ORDER :

1. This second application, has been filed by the applicant for grant of bail order the Provisions of section 437 sub-section (6) of the Code of Criminal Procedure (for short ‘the Code’).

2. The contention of the learned counsel for the applicant is that learned trial Court fixed the case for summoning the prosecution witnesses and their examination by order dated 22-4-2002. Thereafter, within sixty days, trial has not been completed and the applicant is in custody, therefore, in view of the Provision under section 437 sub-section (6), Criminal Procedure Code, the applicant is entitled to be released on bail.

3. The applicant has filed bail application before the trial Court on the aforesaid ground but the learned trail Court has dismissed the same by order dated 17-7-2002 holding that the provision under section 437, Criminal Procedure Code will not apply in the case of the Excise Act in which more than 50 bulk litres illicit liquor is shown to be seized by the prosecution because for these offences there is special Provision for bail under section 59A (ii) of the M.P. Excise Act (for short ‘the Act’).

4. Having heard the learned counsel for the parties, this Court is of the o