Madhya Pradesh High Court
The State Of Madhya Pradesh vs Omprakash on 23 March, 2018
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No. 3202/2016
Indore, Dated: 23/3/2018
Shri Romesh Dave public prosecutor for applicant/State.
Shri Sanjay Sharma Advocate for respondents no. 2 & 3.
Shri Kaushal Sisodiya Advocate for respondents no. 4 to 8, 9 and 10 & 11.
Heard.
This is an application for grant of leave to appeal against the acquittal of respondents no. 1 to 12 under Sections 411 and 414 IPC.
Shri Sanjay Sharma learned counsel for respondents no. 2 & 3 has drawn our attention to para 52 of the impugned order and submitted that Ankit and Vijay (respondents no. 2 & 3) are convicted u/s 412 & 414 of IPC and therefore, we dismiss the prayer for grant of leave to appeal against Ankit and Vijay(respondents no. 2 & 3).
On due consideration of the material available on record, we are of the view that it is a fit case in which permission for grant of leave to appeal can be allowed, meaning thereby the matter has to be admitted for final hearing. Accordingly, application filed by applicant/State under Section 378(3) of Cr.P.C. is allowed and permission for grant of leave to appeal is granted. Appeal filed as a consequence of this order be registered and proceeded as per rules, as admitted.
Issue notice.
On payment of requisite process fee, office is directed to issue bailable warrant of Rs. 5,000/- against the respondents No. 1 & 4 to 12 only. They are also directed to furnish a bail bond in the sum of Rs. 5,000/- each with one surety in the like amount to the satisfaction of the CJM/trial court for their appearance before the Registry/office of this court on 4/9/2018 and on all other subsequent dates as may be fixed by the office in this behalf.
With the aforesaid, M.Cr.C. No. 3202/2016 is disposed off.
(P.K. Jaiswal) (S.C. Sharma)
JUDGE JUDGE
BDJ
Digitally signed by
Bhuneshwar Datt
Date: 2018.03.24 14:24:37
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