Judgment ( 1. ) ARGUMENTS heard. Case diary perused. ( 2. ) CASE diary has not been sent by the concerned Excise Officer, bhagwanpura to learned Public Prosecutor, in spite of repeated request being made in this regard by learned Public Prosecutor to concerning officer, for last two occasions. ( 3. ) BOTH parties heard. ( 4. ) THIS is first application filed under Section 439, Cr. PC for grant of bail in connection with Crime No. 45/05, registered under Section 34 (A), 34 (2)of the M. P. Excise Act through Excise Department, Bhagwanpura. ( 5. ) LEARNED Counsel for the applicant submitted that as per the case of prosecution 80 bulk Its. of liquor was found in possession of present applicant without any valid license or authority. He submitted that after completion of investigation charge sheet has been filed before the Trial Court and the matter was listed for recording prosecution evidence for the first time on 8-8-06, thereafter, the matter was repeatedly listed for the same purpose but within the statutory period of 60 days, trial could not be completed by the trial court and so the application under Section 437 (6) of the Cr. PC was moved before the concerning Magistrate which was dismissed by that Court. Similarly Additional sessions Judge, Khargone has also dismissed bail application of present applicant which was moved on specific ground of Section 437 (6 ). He submitted that prosecution witnesses are deliberately not attending the Trial Court including Excise Inspector himself. ( 6. ) I have gone through the order passed by First Additional Sessions judge, Khargone in Bail Application No. 236/06 on 18-08-06. This order reveals that prosecution evidence could not be recorded within 60 days. The reason assigned for such non examination are not very much satisfactory and it appears that in spite of service, witnesses are not appearing before that court, particularly witness Bhadoriya who happened to be the Investigating Officer. ( 7. ) IN such circumstances under the provisions of Section 437 (6) of the cr. PC applicant has now become entitled to be release on bail. So the application is allowed and it is ordered that applicant be released on bail subject to his furnishing a personal bond in the sum of Rs. ( 7. ) IN such circumstances under the provisions of Section 437 (6) of the cr. PC applicant has now become entitled to be release on bail. So the application is allowed and it is ordered that applicant be released on bail subject to his furnishing a personal bond in the sum of Rs. 20,000/- with one surety of like amount to the satisfaction of Trial Court for his appearance before that Court on all dates as may be fixed in this behalf during the pendency of trial. ( 8. ) THE applicant is also directed to abide the conditions enumerated under Section 437 (3) of Cr. PC. Misc. Cr. Case allowed.