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Madhya Pradesh High Court

The State Of Madhya Pradesh vs Munshilal Mehar on 25 August, 2014

                         Cr.A. No. 3352 of 2013
25.08.2014
       Shri Amit Sharma, learned PL for respondent-State.

Shri Amit Dubey, learned counsel for respondent nos. 1 and 4, namely Munshilal Mehar and Smt. Janki Bai.

Respondent no.1, Munshilal is present in person. He is identified by his counsel.

His presence is taken on record.

Learned counsel for respondent no. 4, Smt. Janki Bai submits that due to her own sickness, she could not come today for her appearance.

Learned counsel for respondent no. 4 submits that he has filed an application in the Registry today.

The Reader is directed to call the aforesaid IA and place with the record.

Having perused the IA, for the reasons stated in it, we are satisfied that sufficient cause is available for exemption from personal appearance today to the respondent no. 4, Smt. Janki Bai, hence she is exempted today from her personal appearance.

It is noted that vide order 12.12.2013, leave to appeal against acquittal was granted only against respondent nos. 1 and 4, namely Munshilal Mehar and Smt. Janki Bai and not against other respondents. So the applicant's counsel is directed to score out the names of respondent nos. 2 and 3 from the array of appeal memo within ten days with renumbering the respondent nos. 1 and 4 as respondent nos. 1 and 2.

Now respondent nos. 1 and 4, namely Munshilal Mehar and Smt. Janki Bai are directed to appear in the Court of CJM, Bhopal firstly on dated 15.12.2014, so also on other dates, as are fixed by such court in this regard till disposal of this appeal.

Apart from aforesaid, respondent nos. 1 and 4, namely Munshilal Mehar and Smt. Janki Bai are directed to furnish a personal bond of Rs.15,000/- (Rs. Fifteen thousands) alongwith one surety of the like amount to the satisfaction of the trial court within one month with an undertaking that they shall remain present on each and every periodical date in compliance of the aforesaid direction either before the court of CJM, Bhopal and giving further directions before this court.

C c as per rules.

      (U. C. Maheshwari)                           (Subhash Kakade)
             Judge                                     Judge

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