Madhya Pradesh High Court
The State Of Madhya Pradesh vs Shripal on 18 November, 2014
Miscellaneous Criminal Case No. 8127 /201
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Shri R.S. Parmar, Panel Lawyer for the applicant /
State.
Heard on the question of grant of leave to appeal.
This application for grant of leave to appeal under
Section 378 (3) of Code of Criminal Procedure, 1973 has
been filed against the judgment of acquittal dated
23.06.2014 passed by the 3rd Additional Sessions Judge,
Khargone in Sessions Trial No.322/2013, whereby the
learned Trial Court acquitted the nonapplicants for an
offence punishable under Sections 394 read with Section 397
and 302 in alternative Section 302 read with Section 34 of
the Indian Penal Code.
On due consideration of statement of Nemichand
(PW1), brother of the deceased and his police statement
Ex.D/1, we are of the view that it is a fit case in which
permission for grant of leave to appeal can be granted;
meaning thereby, the matter has to be admitted for final
hearing.
Accordingly, application filed by the 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.
On payment of requisite process fee, office is directed
to issue warrant of arrest in the sum Rs.10,000/ (rupees ten
thousand) each against the respondents. They are also
directed to furnish a bail bond in the sum of Rs.10,000/ each with one surety each in the like amount to the satisfaction of the CJM / Trial Court for their appearance before the Registry / Office of this Court on 1 1 .02.2015 and on all other subsequent dates as may be fixed by the office in this behalf.
Record of the Trial Court be called for, if not received already.
With the aforesaid, Miscellaneous Criminal Case No.8127/2014 is allowed and is accordingly, disposed of.
Certified copy, as per rules.
(P.K. Jaiswal) (D.K. Paliwal) Judge Judge Pithawe RC