Madhya Pradesh High Court
Narendra Patel vs The State Of Madhya Pradesh on 25 November, 2019
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. Nos.46421/2019 & 27422/2019
Indore dated :25/11/2019
Shri A.S. Kutumbale, learned Senior counsel with Shri
Anurag Baijal, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Shri S.Tomar, learned counsel for the complainant/objector.
Let status report be called from the concerning trial court
and matter be posted immediately after receipt of the status report.
(S.K. Awasthi)
Judge
skt
Santosh Kumar Tiwari
2019.11.26 12:12:55
+05'30'
2
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46500/2019
Indore dated :25/11/2019
Shri H.C. Tripathi, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is repeat (second) application under Section 439, Cr.P.C
for grant of bail in connection with Crime No.502/2017,
registered at Police Station-Bilpanak, District-Ratlam concerning
offence under Sections 363, 366, 376(2)(n) of the IPC alongwith
Section 5(J)(II)(L)/6 of Protection of Children from Sexual
Offences Act, 2012.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
3
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46632/2019
Indore dated :25/11/2019
Shri Vikas Rathi, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.240/2019, registered at
Police Station-Sonkatch, District-Dewas concerning offence under
Sections 363, 366, 376(2)(i), 376(3) and 376(2)(n)/34 of the IPC
alongwith Section 5/6 of Protection of Children from Sexual
Offences Act, 212.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules .
(S.K. Awasthi)
Judge
skt
4
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46854/20019
Indore dated :25/11/2019
Shri O.P. Solanki, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.514/2019, registered at
Police Station-Dhamnod, District-Dhar concerning offence under
Sections 25 and 27 of the Arms Act.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
5
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 47151/2019
Indore dated :25/11/2019
Shri Nitin Vyas, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary by next date of hearing positively.
List in the next week.
(S.K. Awasthi)
Judge
skt
6
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 48341/2019
Indore dated :25/11/2019
Shri Dinesh Rathore, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
List alongwith M.Cr.C. No. 48242/2019 for analogous
hearing.
(S.K. Awasthi)
Judge
skt
7
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 47960/2019
Indore dated :25/11/2019
Shri Yogesh Purohit, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
List alongwith M.Cr.C. No. 48242/2019 for analogous
hearing. .
(S.K. Awasthi)
Judge
skt
8
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48242/2019
Indore dated :25/11/2019
Shri Z.A. Khan, learned Senior Counsel with Shri Ramesh
Gangare, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Shri G.S. Yadav, learned counsel for the
complainant/objector.
Heard learned counsel for the parties on IA No. 9549/2019,
an application filed under Section 301(2) of the Cr.P.C. moved on
behalf of the complainant/objector seeking permission of this
Court to assist the learned Public Prosecutor in the present case.
On due consideration, IA No. 9549/2019 is allowed and the
learned counsel for the complainant/objector is permitted to assist
learned Public Prosecutor in the present case.
Learned Public Prosecutor prays for and is granted four days
time to produce complete case-diary.
List on 30/11/2019.
(S.K. Awasthi)
Judge
skt
9
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48659/2019x
Indore dated :23/11/2019
Ms. Rekha Shrivastava, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.86/2019, registered at police-
station-Karnwas, District-Rajgarh (Bioara) concerning offence
under Sections 363, 366(A), 376(2)(g) and 450 of the IPC
alongwith Section 5(J)(II)/6 of Protection of Children from Sexual
Offences Act, 2012.
As per prosecution case, on 15/06/219, Complainant-Suresh
Kumar Prajapati lodged a missing report of her daughter alleging
that the applicant took her minor daughter by alluring her. During
investigation, the prosecutrix was recovered from the possession
of the applicant and at that time she was having pregnancy of 20
weeks and 5 days.
Learned counsel for the applicant submitted that the
applicant is a youth of aged about 25 years and he has not
committed any offence. It is also submitted that the prosecutrix
was having love affairs with the applicant and she had gone with
the applicant at her own accord. When the prosecutrix was
recovered at that time she was having 20 weeks and 5 days
pregnancy, which clearly shows that the prosecutrix was the
consenting party. The prosecutrix and her parents have already
been examined before the trial Court and from their testimony,it
appears that there was a dispute between the applicant and parents
10
of the prosecutrix regarding money transaction. In their cross-
examination, they accepted that they have given Rs.20,000/- to
the concern SHO to make out a strong case against the applicant,
which clearly indicates that the applicant has falsely been
implicated in the present case. The applicant is in custody since
15/06/2019 and conclusion of trial will take sufficient long time.
Under these circumstances, learned counsel for the applicant
prays for grant of bail to the applicant.
On the other hand, learned Public Prosecutor opposed the
application by contending that from the court statement of the
prosecutrix, it appears that applicant took the prosecutrix
forcefully and committed rape upon her, therefore, she got
pregnant. It is further submitted that at the time of deciding bail
application, the appreciation of evidence of the prosecution
witnesses is not permissible, otherwise, it will prejudice the trial
Court. Under these circumstances, he prayed for rejection of the
bail application.
After considering the arguments advanced by the learned
counsel for the parties and looking to the fact that at the time of
alleged incident, the prosecutrix was minor, therefore, her consent
is immaterial, this Court is of the view that no case for grant of
bail to the applicant is made out. Accordingly, the present
application filed under Section 439 of the Cr.P.C. is dismissed
summarily.
(S.K. Awasthi)
Judge
skt
11
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 723/2017x
Indore dated :23/11/2019
Shri Vinod Thakur, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
As per the Office report, appellant-Babulal did not mark his
presence before the Registry of this Court on 22/07/2019. At the
request of learned counsel for the appellant, today the case is
listed for personal appearance of appellant, however, he is not
present today.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against
appellant-Babulal for securing his presence before this court on
16/01/2020.
List on 16/01/2020..
(S.K. Awasthi)
Judge
skt
12
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 979/2017x
Indore dated :23/11/2019
Shri R.R. Bhatnagar, learned counsel for the appellant.
Shri Vinit J. Hardia, learned Public Prosecutor for the
respondent/State.
Appellant-Vinod is present in person. He is duly identified by
his counsel and his presence is marked.
Heard learned counsel for the parties on IA No.9616/2019, an
application for condonation of previous non-appearance of appellant
on 22/07/2019 before the registry of this Court.
Learned counsel for the appellant submitted that the appellant
has lost the date slip of attendance, therefore, he could not mark his
presence before the Registry of this Court on 22/07/2019.
Looking to the reasons assigned in the application, which is also
supported with the affidavit of appellant-Vinod sufficient ground is
made out to condone the previous non-appearance of the appellant
before the Registry of this Court on 22/07/2019.
Accordingly IA No.9616/2019 is allowed and previous non-
appearance of appellant before the Registry this Court on 22/07/2019
is hereby condoned .
Appellant-Vinod is directed to mark his presence before the
Registry of this Court on 22/04/2020 and on all other subsequent
dates as may be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
13
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 4992/2019x
Indore dated :23/11/2019
Shri K. Malya, learned counsel for the appellant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Shri Hardik Maheshwari, learned counsel for the
complainant/objector.
Learned counsel for the complainant filed IA Nos.
8980/2019 & 8981/2019, which are required to be verified by the
Principal Registrar of this Court.
Complainant is directed to appear before the Principal
Registrar on 12/12/2019 at 11:00 a.m., for verification of the
compromise.
List thereafter.
(S.K. Awasthi)
Judge
skt
14
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. Nos.28296/2019 & 28297/2019x
Indore dated :23/11/2019
Shri S.P. Joshi, learned counsel for the applicant.
Learned counsel for the applicant prays for three days time
to cure the defect pointed out by the Office.
On payment of process-fee within seven working days, let
notice be issued to respondents on admission by ordinary as well
as by registered AD mode, failing which present petition filed
under Section 482 of the Cr.P.C. shall automatically stands
dismissed without further reference to this Court. Notice be made
returnable within six weeks.
List thereafter.
(S.K. Awasthi)
Judge
skt
15
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5554/2019x
Indore dated :23/11/2019
Shri P. Prasad, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Let record of the courts' below be called for.
List immediately after received of the record.
(S.K. Awasthi)
Judge
skt
16
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. Nos.48646/2019 & 48649/2019x
Indore dated :23/11/2019
Shri Bharat Dembla, learned counsel for the applicant.
Shri Prasanna Prasad, learned counsel for the
respondent/Directorate of Revenue Intelligence.
Learned counsel for the respondent prays for and is granted
one weeks time to file the reply of bail application.
List in the next week.
(S.K. Awasthi)
Judge
skt
17
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48694/2019x
Indore dated :23/11/2019
Shri H. Pathak, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.231/2019, registered at
Police Station-Jivajiganj, District-Ujjain concerning offence
under Sections 376 and 376(2)(n) of the IPC alongwith Sections
3/4 and 5/6 of Protection of Children from Sexual Offences Act,
2012.
After arguing at length on the merit of the case, learned
counsel for the applicants seeks permission of this Court to
withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
18
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46792/2019x
Indore dated :23/11/2019
None for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary by next date of hearing positively.
List in the next week.
(S.K. Awasthi)
Judge
skt
19
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46567/2019x
Indore dated :23/11/2019
Shri Anurag Vyas, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.170/2018, registered at
Police Station-Jobat, District-Alirajpur concerning offence under
Sections 366, 376, 323 and 506 of the IPC.
After arguing at length on the merit of the case, learned
counsel for the applicants seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
20
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.47555/2019x
Indore dated :23/11/2019
Shri Nilesh Sharma, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary by next date of hearing positively.
List in the next week.
(S.K. Awasthi)
Judge
skt
21
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48208/2019x
Indore dated :23/11/2019
Shri A.K. Mimrot, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.560/2019, registered at
Police Station-Mahakal, District-Ujjain concerning offence under
Sections 376(2)(n), 323 and 506 of the IPC .
After arguing at length on the merit of the case, learned
counsel for the applicants seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
22
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48208/2019
Indore dated :23/11/2019
Shri Nitin Vyas, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.6/2019, registered at Police
Station-Chandrashekhar Azad Nagar, District-Alirajpur
concerning offence under Sections 363, 366, 344 and 376(2)(n) of
the IPC alongwith Sections 3/4, 5(L)/6 and 7/8 of Protection of
Children from the Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules .
(S.K. Awasthi)
Judge
skt
23
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48590/2019x
Indore dated :23/11/2019
Shri S. Yadav, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List in the next week.
(S.K. Awasthi)
Judge
skt
24
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48595/2019x
Indore dated :23/11/2019
Shri A.S. Sisodia, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one
weeks time to produce the case-diary.
List in the next week.
(S.K. Awasthi)
Judge
skt
25
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48601/2019x
Indore dated :23/11/2019
Shri S. Yadav, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted
one weeks time to argue the matter.
List in the next week.
(S.K. Awasthi)
Judge
skt
26
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48607/2019x
Indore dated :23/11/2019
Shri R.R. Bhatnagar, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one
weeks time to produce the case-diary.
List in the next week.
(S.K. Awasthi)
Judge
skt
27
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48645/2019x
Indore dated :23/11/2019
Shri Apporv Joshi, learned counsel for the applicant.
Shri Manoj Soni, learned counsel for the respondent/CBN.
Case-diary is not available.
Shri Soni prays for and is granted one weeks time to produce
the case-diary.
Office is directed to reflect the name of Shri Manoj Soni on
behalf of respondent/CBN in the cause list.
List in the next week.
(S.K. Awasthi)
Judge
skt
28
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48743/2019x
Indore dated :23/11/2019
Shri Nitin Vyas, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.6/2019, registered at Police
Station-Chandrashekhar Azad Nagar, District-Alirajpur
concerning offence under Sections 363, 366, 344 and 376(2)(n) of
the IPC alongwith Sections 3/4, 5(L)/6 and 7/8 of Protection of
Children from the Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules .
(S.K. Awasthi)
Judge
skt
29
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 48758/2019x
Indore dated :23/11/2019
Shri Ravi Sagre, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one
weeks time to produce the case-diary.
List in the next week.
(S.K. Awasthi)
Judge
skt
30
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 44604/2019x
Indore dated :23/11/2019
Shri Harshwardhan Pathak, learned counsel for the
applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List in the week commencing 02/12/2019.
(S.K. Awasthi)
Judge
skt
31
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46216/2019x
Indore dated :23/11/2019
Shri R.R. Bhatnagar, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List in the next week.
(S.K. Awasthi)
Judge
skt
32
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 43310/2019x
Indore dated :22/11/2019
Shri Mukesh Sharma, learned counsel for the applicants.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent No.1/State.
Learned counsel for the applicants further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
33
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 42262/2019x
Indore dated :22/11/2019
Shri A.S. Parihar, learned counsel for the applicant.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
34
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 42248/2019x
Indore dated :22/11/2019
Shri S.K. Vyas, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent No.1/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
35
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 41858/2019x
Indore dated :22/11/2019
Shri V. Asudani, learned counsel for the applicant.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
36
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 4929/2019x
Indore dated :22/11/2019
Shri Vivek Dalal, learned counsel for the applicant.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
37
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 4838/2019x
Indore dated :22/11/2019
Shri B. Dwivedi, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
38
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 2215/2019x
Indore dated :22/11/2019
Shri R.R. Bhatnagar, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent Nos. 1 and 2/State.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
39
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 2160/2019x
Indore dated :22/11/2019
Shri S.D. Shukla, learned counsel for the applicant.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
40
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1846/2019x
Indore dated :22/11/2019
Shri K.C. Paliwal, learned counsel for the applicant.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
41
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5528/2019x
Indore dated :22/11/2019
Shri Ramesh Gangare, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defect pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
42
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 45745/2019x
Indore dated :22/11/2019
Shri N.S. Bhati, learned counsel for the applicant.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defects pointed out
by the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
43
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44973/2019x
Indore dated :22/11/2019
Shri A.S. Parihar, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent No.1/State.
Learned counsel for the applicant further prays for and is
granted seven working days time to cure the defect pointed out by
the Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
44
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44909/2019x
Indore dated :22/11/2019
Shri Bhaskar Agrawal, learned counsel for the applicant.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
45
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 43664/2019x
Indore dated :22/11/2019
Shri Rishi Pujari, learned counsel for the applicant.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defect pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
46
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 43405/2019x
Indore dated :22/11/2019
Shri S. Parmar, learned counsel for the applicant.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defect pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
47
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46425/2019x
Indore dated :22/11/2019
Shri S. Maru, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent No.1/State.
At the request of learned counsel for the applicant, the case
is adjourned.
List after two weeks.
(S.K. Awasthi)
Judge
skt
48
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48353/2019x
Indore dated :22/11/2019
Shri J.S. Gurjar, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.395/2019, registered at
Police Station-Barotha, District-Dewas concerning offence under
Section 392 of the IPC.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the substantial prosecution
witnesses.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
49
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 47070/2019x
Indore dated :22/11/2019
None for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
None appeared on behalf of the applicant, even in the second
round, which clearly indicates that the applicant is no longer
interested in prosecuting this petition filed under Section 439 of
the Cr.P.C.. Accordingly, the present petition is dismissed for
want of prosecution.
(S.K. Awasthi)
Judge
skt
50
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48518/2019x
Indore dated: 22/11/2019
Ms. Archana Maheshwari, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted
three days time to argue the matter.
List in the next week.
(S.K. Awasthi)
Judge
skt
51
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5487/2019x
Indore dated: 22/11/2019
None for the applicants.
Shri Ankit Khare, learned Public Prosecutor for the
respondent No.2/State.
In absence of the learned counsel for the applicants, the case
is adjourned.
List after two weeks.
(S.K. Awasthi)
Judge
skt
52
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 2541/2019x
Indore dated: 22/11/2019
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
appellant/State.
Shri Anshul Shrivastava, learned counsel for the respondent.
Learned counsel for the respondent prays for fixed date to
keep present the respondent before this Court.
Prayer is allowed.
List on 09/12/2019 for personal appearance of respondent
before this Court.
(S.K. Awasthi)
Judge
skt
53
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.47773/2019x
Indore dated: 22/11/2019
Shri Abhishek Rathore, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant has submitted that during
pendency of anticipatory bail application, the applicant has been
arrested by the Police, therefore, the present application filed
under Section 438 of the Cr.P.C. has become infructuous, hence,
he seeks leave of this Court to withdraw the present application.
Prayer is allowed.
Accordingly, this application filed under Section 438 of the
Cr.P.C. is dismissed as withdrawn.
(S.K. Awasthi)
Judge
skt
54
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C.No.2249/2018x
Indore dated:13/11/2019
None for the applicant.
This petition under Section 482 of Cr.P.C. has filed for
restoration of M.Cr.C. No. 2715/2015, which was dismissed by
this Court , vide order dated 21/12/2017 for want of prosecution.
Looking to the reasons mentioned in the application,
sufficient ground is made out to restore M.Cr.C. No. 2715/2015 to
its original number. Accordingly, this petition filed under Section
482 of the Cr.P.C. is allowed and subject to depositing cost of
Rs.2,000/- in the account of Vidhi Vatika, High Court Bar
Association, Indore within 15 days from today, M.Cr.C. No.
2715/2015 be restored to its original number.
With the aforesaid, this petition stands disposed of.
A copy of this order be placed in the record of M.Cr.C. No.
2715/2015.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
55
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48047/2019x
Indore dated: 21/11/2019
Shri Anil Jain, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary by next date of hearing positively.
List in the week commencing 09/12/2019.
(S.K. Awasthi)
Judge
skt
56
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5593/2019x
Indore dated: 21/11/2019
Shri Yogesh Mittal, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant has submitted that the trial
Court has framed the charges for commission of offence
punishable under Sections 363, 342 and 323 of the IPC alongwith
Section 7/8 of Protection of Children from Sexual Offences Act,
2012 against the applicant on 12/09/2019 and copy of charge-
sheet was not supplied to the applicant prior to the framing of
charges against him.
Let report be called from the concerning trial Court that
whether the copy of the charge-sheet has been provided to the
applicant prior to framing of charges against him, if so then on
which date.
Matter be listed on 06/12/2019.
(S.K. Awasthi)
Judge
skt
57
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C.No.48375/2019x
Indore dated:21/11/2019
Shri Rajendra Namdev, learned counsel for the applicant.
This petition under Section 482 of Cr.P.C. has filed for
restoration of M.Cr.C. No. 10677/2015, which was dismissed by
this Court , vide order dated 15/10/2019 for want of prosecution.
Looking to the reasons mentioned in the application,
sufficient ground is made out to restore M.Cr.C. No. 10677/2015
to its original number. Accordingly, this petition filed under
Section 482 of the Cr.P.C. is allowed and subject to depositing
cost of Rs.1,000/- in Legal Aid Service Committee, Indore
within 15 days from today, M.Cr.C. No. 10677/2015 be restored
to its original number.
With the aforesaid, this petition stands disposed of.
A copy of this order be placed in the record of M.Cr.C. No.
10677/2015.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
58
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46767/2019x
Indore dated: 21/11/2019
None for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
None appeared on behalf of the applicant, even in the second
round, which clearly indicates that the applicant is no longer
interested in prosecuting this petition filed under Section 439 of
the Cr.P.C.. Accordingly, the present petition is dismissed for
want of prosecution.
(S.K. Awasthi)
Judge
skt
59
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 35212/2018x
Indore dated :21/11/2019
Shri Shashank Jain, learned counsel for the applicant.
Learned counsel for the applicant prays for and is granted
four weeks time to argue the matter.
List after four weeks.
(S.K. Awasthi)
Judge
skt
60
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 35477/2018x
Indore dated :21/11/2019
None for the applicants.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
In absence of the learned counsel for the applicants, the case
is adjourned.
List after six weeks.
(S.K. Awasthi)
Judge
skt
61
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 2758/2019x
Indore dated :21/11/2019
Shri Yogesh Purohit, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Record of judgment dated 24/10/2018 passed in Criminal
Case No. 546/2015 by Judicial Magistrate First Class, Depalpur,
District-Indore is still awaited.
Office is directed to call for the record of the concerned
court and list the matter immediately after receipt of the record on
the question of admission.
(S.K. Awasthi)
Judge
skt
62
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 8687/2019x
Indore dated :21/11/2019
None for the applicant.
None appeared on behalf of the applicant, even in the second
round, which clearly indicates that the applicant is no longer
interested in prosecuting this petition filed under Section 482 of
the Cr.P.C.. Accordingly, the present petition is dismissed for
want of prosecution.
(S.K. Awasthi)
Judge
skt
63
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 44174/2019x
Indore dated :21/11/2019
Shri A.K. Sethi, learned Senior counsel with Shri Manish
Nair, learned counsel for the applicant.
On payment of process-fee within three working days, let
notice be issued to respondent on admission as well as on IA No.
8594/2019, an application for stay by ordinary and registered AD
mode. Notice be made returnable within three weeks.
List thereafter.
(S. K. Awasthi)
Judge
skt
64
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.3606/2019x
Indore dated :21/11/2019
None for the appellant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
In absence of the learned counsel for the appellant, the case
is adjourned.
List on 28/11/2019.
(S. K. Awasthi)
Judge
skt
65
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9446/2019x
Indore dated :21/11/2019
Shri Rajendra Sharma, learned counsel for the appellant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Learned counsel for the appellant prays for and is granted
one weeks time file the certified copy of statement of prosecution
witnesses recorded before the trial Court.
List in the next week.
(S. K. Awasthi)
Judge
skt
66
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 48094/2019x
Indore dated :21/11/2019
None for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
None appeared on behalf of the applicant, even in the second
round, which clearly indicates that the applicant is no longer
interested in prosecuting this petition filed under Section 439 of
the Cr.P.C.. Accordingly, the present petition is dismissed for
want of prosecution.
(S. K. Awasthi)
Judge
skt
67
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 48242/2019x
Indore dated :21/11/2019
Shri Z.A. Khan, learned Senior Counsel with Shri Ramesh
Gangare, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Shri G.S. Yadav, learned counsel for the
complainant/objector.
Learned counsel for the complainant prays for and is granted
two days time to file the written objection of the bail application.
List on 27/11/2019.
(S. K. Awasthi)
Judge
skt
68
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 48259/2019x
Indore dated :21/11/2019
None for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is available.
The applicant has preferred the present (second) application
filed under Section 439 of the Cr.P.C. for grant of bail to the
applicant.
From the perusal of record, it appears that earlier bail
application of the applicant has been dismissed by this Court, vide
order dated 02/11/2019 passed in M.Cr.C. No. 43166/2019
granting liberty to move an application under Section 437(6) of
the Cr.P.C. before the trial Court at an appropriate stage. Instead
of doing so, the applicant has preferred the present (second)
application under Section 439 of the Cr.P.C. for grant of bail
before this Court, which is not maintainable. Accordingly, the
present application is dismissed being not maintainable.
(S. K. Awasthi)
Judge
skt
69
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43394/2019x
Indore dated :20/11/2019
Ms. Archana Maheshwari, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent.
Heard. Case diary perused.
This is repeat (fifth) application under Section 439, Cr.P.C
for grant of bail in connection with Crime No.12/2017, registered
at Police Station-Balwada, District-Khargone concerning offence
under Section 392/34 of the IPC.
Learned counsel for the applicant submitted that the
applicant is a youth of aged about 22 years and he is not having
any criminal antecedents. The applicant is in custody since
25/02/2017. Investigation is over and charge-sheet has been filed.
Till today the prosecution has examined only three prosecution
witnesses and after that there is no progress in the trial, therefore,
there is no possibility of early conclusion of the trial. It is also
submitted that the complainant has already been examined before
the trial Court and there are material discrepancies in his
statement, hence, his testimony is not reliable. Under these
circumstances, learned counsel for the applicant prays for grant of
bail to the applicant.
On the other hand, learned Public Prosecutor for the
respondent/State opposed the application and prayed for its
rejection.
Having heard learned counsel for the parties and perused the
documents filed alongwith the bail application.
From the perusal of the documents, it appears that
70
complainant-Subhal Singh Thakur (PW 2) has already been
examined before the trial Court and he has identified the applicant
as culprit, who committed robbery with him. The trial is still
going on and at the time of deciding bail application, testimony of
the complainant or other prosecution witnesses cannot be
appreciated, otherwise, it will prejudice the trial. Accordingly, this
Court is of the view that no case for grant of bail to the applicant
is made out, hence, the present application is hereby dismissed.
However, from the perusal of the proceedings of the trial Court, it
appears that the case is pending since 2017 and from the last 7
dates, neither any prosecution witness appeared before the trial
court for recording his evidence nor their summons have been
returned either served or unserved. The trial Court has not made
any effort to compel the concerning SHO to serve the aforesaid
summons on the prosecution witnesses. Hence, the trial court is
directed to make all endeavor to conclude the trial as early as
possible preferably within a period of six months from the date of
receipt of certified copy of this order.
Let a copy of this order be sent to the concerned court for
information and necessary compliance.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
71
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6407/2019x
(Ramprasad Vs. State of M.P.)
Indore, Dated:20/11/2019
Shri N.S. Bhati, learned counsel for the appellant.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.8436/20199,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf of the appellant-
Ramprasad.
The appellant has been convicted and sentenced by First
Additional Sessions Judge, Rajgarh vide judgment dated 24/06/2019
passed in S.T. No. 222/2018 as under:
Name Conviction Sentence Fine In lieu
of appellant amount
Ramprasad Under Section 376 of the Ten years RI Rs.2,000/- 1 months SI
IPC
Learned counsel for the appellant has submitted that after
considering the evidence produced by the prosecution, the trial Court
has come to the conclusion that at the time of alleged incident, the
prosecutrix is not below than 18 years. From the court statement of
the prosecutrix, it appears that she was regularly talked to the
appellant on mobile phone and she had gone with the appellant at her
own accord. As per the said statement, the prosecutrix remained in the
company of the appellant for considerable period and she visited to
various places by public transport, during this period she neither
complaint to anybody that the appellant forcefully took her and
committed rape upon her, which clearly shows that she was the
consenting party, however, the trial Court has not properly appreciated
the evidence on record and wrongly convicted the appellant for the
72
aforesaid offence. There are fair chances of success of this appeal
and there is no likelihood of hearing of the appeal in near future. If
the remaining custodial sentence of the appellant is not suspended
then appeal filed by the appellant may turn infructuous. The appellant
is ready to deposit the fine amount. Under these circumstances, he
prays for suspension of jail sentence and for grant of bail to the
appellant.
On the other hand, learned Public Prosecutor for the respondent
opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellant.
Accordingly, I.A. No. 8436/2019 is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellant-Ramprasad in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety in the like amount to the
satisfaction of the learned trial Court, for his regular appearance before
this Court, the execution of custodial part of the remaining sentence
imposed against the appellant shall remain suspended, till the final
disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence
before the Registry of this Court on 31/01/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
Heard on the question of admission.
Appeal is admitted for final hearing.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
73
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9408/2019x
(Shahjad @ Sajju Vs. State of M.P.)
Indore, Dated:20/11/2019
Shri Iqbal Khan, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.8916/2019,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf of the appellant-Shahjad
@ Sajju.
The appellant has been convicted and sentenced by Seventh
Additional Sessions Judge, Ujjain vide judgment dated 04/10/2019
passed in S.T. No. 62/2018 as under:
Name Conviction Sentence Fine In lieu
of appellant amount
Shahjad @ Under Section 411 of the One years RI Rs.1,000/- 3 months SI
Sajju IPC
Learned counsel for the appellant submits that the appellant was
on bail during trial and he did not misuse the liberty granted to him.
The custodial sentence of appellant has already been suspended by the
trial Court till 30/11/2019. There are fair chances of success of this
appeal and there is no likelihood of hearing of the appeal in near
future. If the remaining custodial sentence of the appellant is not
suspended then appeal filed by the appellant may turn infructuous.
The appellant is ready to deposit the fine amount. Under these
circumstances, he prays for suspension of jail sentence and for grant
of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent
opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and
74
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellant.
Accordingly, I.A. No.8916/219is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellant-Shahjad @ Sajju in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety in the like amount to the
satisfaction of the learned trial Court, for his regular appearance before
this Court, the execution of custodial part of the remaining sentence
imposed against the appellant shall remain suspended, till the final
disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence
before the Registry of this Court on 31/01/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
Heard on the question of admission.
Appeal is admitted for final hearing.
List the appeal for final hearing in due course alongwith Cr.A. No.
9039/2019 for analogous hearing.
(S.K. Awasthi)
skt Judge
75
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9845/2019x
Indore dated :20/11/2019
Ms. Archna Maheshwari, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to produce the case-
diary so also to comply with the provision 15(A)(III) of the
SC/ST(PA) Act, 1989 by next date of hearing positively.
List in the next week.
(S. K. Awasthi)
Judge
skt
76
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9039/2019x
Indore dated :20/11/2019
Shri Rakesh Vyas, learned counsel for the appellant
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
List the appeal for final hearing in due course.
(S. K. Awasthi)
Judge
skt
77
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9579/219x
Indore dated :20/11/2019
Shri M.M. Joshi, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Let record of the trial Court be called for.
List immediately after received of the record on
consideration of IA No. 9068/2019, an application filed under
Section 389(1) of the Cr.P.C. for suspension of custodial sentence
moved on behalf of appellant-Devilal @ Devji.
(S. K. Awasthi)
Judge
skt
78
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.439/2018x
Indore dated :20/11/2019
Shri Dharmendra Chelawat, learned counsel for the
appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Shri Chelawat prays for and is granted two weeks time to
file the Vakalatnama on behalf of the appellant.
List after two weeks.
(S. K. Awasthi)
Judge
skt
79
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.7729/2018x
Indore dated :20/11/2019
Shri Nilesh Manore, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.9199/2019,
repeat (third) application filed under Section 389(1) of the Cr.P.C.
for suspension of custodial sentence and grant of bail moved on
behalf of appellant-Jitendra Malviya.
From the perusal of the order-sheets, it appears that earlier
application of the appellant filed under Section 389(1) of the
Cr.P.C. for suspension of custodial sentence and grant of bail has
already been dismissed by this Court on merits, vide order dated
13/02/2019 and after rejection of the earlier application, there
appears to be no change of circumstances, in which this repeat
application can be considered. Accordingly, IA No. 9199/2019 is
dismissed.
List the appeal for final hearing in due course.
(S. K. Awasthi)
Judge
skt
80
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5404/2019x
Indore dated : 20/11/2019
Shri Vikas Rathi, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant is directed to file the copy
of entire charge-sheet within a period of two weeks.
List after two weeks.
(S.K. Awasthi)
skt Judge
81
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9738/2019x
Indore dated : 20/11/2019
Ms. Anushree Kaushik, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Record of the trial court be called for.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
82
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46831/2019x
Indore dated : 20/11/2019
Shri Dayanath Pandey, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent No.2/State.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List after two weeks.
(S.K. Awasthi)
skt Judge
83
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.10012/2018x
Indore dated : 20/11/2019
Shri Sapnesh Jain, learned counsel for the applicants.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent No.1/State.
Shri Pratik Jain, learned counsel for the respondent No.2.
At the joint request of learned counsel for the parties, the
case is adjourned.
List after two weeks.
(S.K. Awasthi)
skt Judge
84
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 7431/2014x
Indore dated : 20/11/2019
Parties through their counsel.
List alongwith Cr.R. No. 5295/2019 for analogous hearing.
(S.K. Awasthi)
skt Judge
85
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5295/2019x
Indore dated : 20/11/2019
Shri Manish Yadav, learned counsel for the applicants.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No. 9369/2019,
an application for converting the present revision petition into
petition under Section 482 of the Cr.P.C.
On due consideration IA No. 9369/2019 is allowed. Learned
counsel for the applicants is directed to carry out the necessary
correction in the petition within three working days. Accordingly,
the present petition is disposed of as converted into M.Cr.C. filed
under Section 482 of the Cr.P.C.
(S.K. Awasthi)
skt Judge
86
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.5516/2019x
Indore dated : 20/11/2019
Shri V.K. Gangwal, learned counsel for the appellant.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
87
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.5639/2019x
Indore dated : 20/11/2019
Ms. Seema Maheshwari, learned counsel for the appellant.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
88
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 6025/2019x
Indore dated : 20/11/2019
None for the appellants.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Record of the trial court has already been received.
In absence of the learned counsel for the appellants, the case
is adjourned.
List after weeks for final hearing at motion stage.
(S.K. Awasthi)
skt Judge
89
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6675/2019x
Indore dated : 20/11/2019
Shri Hardik Maheshwari, learned counsel for the appellant.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
90
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 6899/2019x
Indore dated : 20/11/2019
None for the appellant.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
In absence of the learned counsel for the appellant, the case
is adjourned.
List after eight weeks.
(S.K. Awasthi)
skt Judge
91
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.7195/2019x
Indore dated : 20/11/2019
Shri Tehjeeb Khan, learned counsel for the appellant.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent No.2/State.
Learned counsel for the appellant prays for and is granted
four weeks time to argue the matter on the question of admission.
List after four weeks.
(S.K. Awasthi)
skt Judge
92
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 8168/2019x
Indore dated : 20/11/2019
Shri Durgesh Sharma, learned counsel for the appellants.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
93
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 8690/219x
Indore dated : 20/11/2019
Shri Nadeem Khan, learned counsel for the appellant.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Let record of the trial court be called for .
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
94
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.8695/2019x
Indore dated : 20/11/2019
Shri Shalabh Sharma, learned counsel for the appellants.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Let record of the trial Court be called for.
List the appeal in the week commencing 13/01/2020 for
final hearing at motion stage.
(S.K. Awasthi)
skt Judge
95
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 3414/2018x
Indore dated : 20/11/2019
None for the applicants.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent No.1/State.
In absence of the learned counsel for the applicants, the case
is adjourned.
List after six weeks.
(S.K. Awasthi)
skt Judge
96
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 708/1999x
Indore dated : 20/11/2019
None for the appellant.
Shri S.I. Ansari, learned Public Prosecutor for the
respondent/State.
Let notice be issued to appellant as to why order dated
11/05/2001 may not be recalled, by which jail sentence of the
appellant has been suspended under Section 389(1) of the Cr.P.C.
List on 16/01/2020.
(S.K. Awasthi)
skt Judge
97
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5551/2019x
Indore dated : 19/11/2019
None for the applicants.
Shri R.S. Parmar, learned counsel for the respondent/CBI.
In absence of the learned counsel for the applicants, the case
is adjourned.
List in the next week.
(S.K. Awasthi)
skt Judge
98
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 8405/2019x
Indore dated : 19/11/2019
Shri Anupam Chouhan, learned counsel for the appellants.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Let record of the trial Court be called for.
List immediately after received of the record.
(S.K. Awasthi)
skt Judge
99
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.7834/2019x
(Arun Vs. State of M.P.)
Indore, Dated:19/11/2019
Shri A.S. Sisodia, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.8955/2019,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence and grant of bail moved on behalf of the
appellant-Arun.
The appellant has been convicted and sentenced by Special
Judge (Protection of Children from Sexual Offences Act, 2012),
Mandleshwar, West Nimar, vide judgment dated 30/08/2019 passed in
Special Case No. 95/2018 as under:
Name Conviction Sentence Fine In lieu
of appellant amount
Arun Under Section 376(2)(n) Seven years RI Rs.5,000/- One years
of the IPC RI
Learned counsel for the appellant submits that the appellant was
on bail during trial and he did not misuse the liberty granted to him.
It is also submitted that according to the findings given by the trial
Court, the prosecutrix was major at the time of alleged incident. From
the statement of the prosecutrix, her father and uncle, it appears that
the prosecutrix remained in the company of the appellant for a
considerable period in the knowledge of her father and the appellant
was ready to marry with the prosecutrix after completion of his
training, however, the prosecutrix and her parents pressurized the
appellant to marry with the prosecutrix before completion of his
training. On account of that a dispute arose between the parties, due
to which the prosecutrix has lodged the false report against the
100
appellant. The trial Court has not properly appreciated the evidence
available on record and wrongly convicted the appellant for the
alleged offence. There are fair chances of success of this appeal and
there is no likelihood of hearing of the appeal in near future. If the
remaining custodial sentence of the appellant is not suspended then
appeal filed by the appellant may turn infructuous. The appellant is
ready to deposit the fine amount. Under these circumstances, he prays
for suspension of jail sentence and for grant of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent
opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellant.
Accordingly, I.A. No.8955/2019 is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellant-Arun in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) with one solvent surety in the like amount to the satisfaction of
the learned trial Court, for his regular appearance before this Court, the
execution of custodial part of the remaining sentence imposed against
the appellant shall remain suspended, till the final disposal of this
appeal.
The appellant, after being enlarged on bail, shall mark his presence
before the Registry of this Court on 29/01/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
101
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.7126/2019x
Indore dated :19/11/2019
Shri R.K. Gondale, learned counsel for the appellant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.6997/2019,
first application filed under Section 389(1) of the Cr.P.C. for
suspension of custodial sentence and grant of bail moved on
behalf of appellant-Rohit.
After arguing for sometime, learned counsel for the
appellant seeks leave of this Court to withdraw IA No.6997/2019.
Prayer is allowed.
Accordingly, IA No.6997/2019 is dismissed as withdrawn.
List the appeal for final hearing in due course.
(S. K. Awasthi)
Judge
skt
102
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.7840/2019x
Indore, Dated:19/11/2019
Shri Bharat Yadav, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Learned counsel for the appellant prays for and is granted three
weeks time to argue the matter on IA No. 9258/219, an application
filed under Section 389(1) of the Cr.P.C. for suspension of custodial
sentence filed on behalf of appellant-Kamal Soni.
List after three weeks.
(S.K. Awasthi)
skt Judge
103
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9057/2019x
(Chander Vs. State of M.P.)
Indore, Dated:19/11/2019
Shri Minesh Pandey, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.8560/2019,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf of the appellant-Chander.
The appellant has been convicted and sentenced by 15th
Additional Sessions Judge, Indore vide judgment dated 18/09/2019
passed in Special Case No. 222/2014 as under:
Name Conviction Sentence Fine In lieu
of appellant amount
Chander Under Section 354 of the One years RI Rs.1,000/- One months
IPC RI
Under Section 452 of the Two years RI Rs.1,000/- One months
IPC RI
Under Section 7/8 of Three years RI Rs.3,000/- Three
Protection of Children months RI
from Sexual Offences Act,
2012.
Learned counsel for the appellant submits that the appellant was
on bail during trial and he did not misuse the liberty granted to him.
The trial Court has not properly appreciated the evidence available on
record and wrongly convicted the appellant for the alleged offence.
There are fair chances of success of this appeal and there is no
likelihood of hearing of the appeal in near future. Short sentence of
three years is awarded to the appellant by the trial Court and if the
remaining custodial sentence of the appellant is not suspended then
appeal filed by the appellant may turn infructuous. The appellant is
ready to deposit the fine amount. Under these circumstances, he prays
104
for suspension of jail sentence and for grant of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent
opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellant.
Accordingly, I.A. No.8560/2019 is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellant-Chander in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) with one solvent surety in the like amount to the satisfaction of
the learned trial Court, for his regular appearance before this Court, the
execution of custodial part of the remaining sentence imposed against
the appellant shall remain suspended, till the final disposal of this
appeal.
The appellant, after being enlarged on bail, shall mark his presence
before the Registry of this Court on 29/01/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
Record of the trial Court be called for.
List immediately after receipt of the record on the question of
admission.
(S.K. Awasthi)
skt Judge
105
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 4206/2019x
Indore dated : 19/11/2019
Shri Ayush Jain, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant is directed to file the
entire copy of the charge-sheet.
List after a week.
(S.K. Awasthi)
skt Judge
106
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 8962/2019x
Indore dated : 19/11/2019
Shri Akash Rathi, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent No.1/State.
Ms. Seema Sharma, learned counsel for the respondent Nos.
2 and 3.
After arguing at length on the merits of the case, learned
counsel for the applicant seeks leave of this court to withdraw the
present petition filed under Section 482 of the Cr.P.C. with liberty
to file fresh application under Section 190 of the Cr.P.C. before
the court concern.
Prayer is allowed.
Accordingly, the present petition is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
107
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 40961/2019x
Indore dated : 19/11/2019
Shri P.K. Shukla with Shri M.S. Chouhan, learned counsel
for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List after four weeks.
(S.K. Awasthi)
skt Judge
108
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1293/2016x
Indore dated : 19/11/2019
Shri Nilesh Agrawal, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant has drawn the attention of
this Court to order dated 06/12/2016 passed by this Court and
submitted that the revision has already admitted for final hearing.
Looking to the aforesaid, list the revision for final hearing in
due course.
(S.K. Awasthi)
skt Judge
109
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1623/2016x
Indore dated : 19/11/2019
None for the applicant.
Shri P. Khandelwal, learned counsel for the respondents.
According to the report of the Mediator, mediation
proceedings is failed.
In absence of the learned counsel for the applicant, the case
is adjourned.
List after four weeks.
(S.K. Awasthi)
skt Judge
110
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 20353/2017x
Indore dated : 19/11/2019
Shri Bharat Yadav, learned counsel for the applicants.
Shri N.J. Dave, learned counsel for the respondent.
Learned counsel for the applicants is directed to supply the
copy of IA No. 5945/2018, an application for taking additional
documents on record alongwith the annexures to the learned
counsel for the respondent so that he can file the reply of IA No.
5945/2018.
List after two weeks.
(S.K. Awasthi)
skt Judge
111
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 21064/2017x
Indore dated : 19/11/2019
Shri Vikram Bhatnagar, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent No.1/State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter on the question of admission.
List after two weeks.
(S.K. Awasthi)
skt Judge
112
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 564/2018x
Indore dated : 19/11/2019
Shri Subodh Choudhary, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant submitted that according
to his information, the applicant has died, hence, he prayed for
one weeks time to file the copy of death certificate of the
applicant.
Prayer is allowed.
List after a week.
(S.K. Awasthi)
skt Judge
113
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 11610/2019x
Indore dated : 19/11/2019
Shri Bharat Yadav, learned counsel for the applicants.
Shri M. Wariya, learned counsel for the respondent.
List alongwith Cr.R. No. 1058/2018 for analogous hearing.
(S.K. Awasthi)
skt Judge
114
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1058/2018x
Indore dated : 19/11/2019
Shri Rakesh Pal, learned counsel for the applicant.
Shri R.K. Dangi, learned counsel for the respondent.
It is submitted that arguing for the respondent has not come
to the court due to illness, hence, a prayer is made for
adjournment.
Prayer is allowed.
List after three weeks.
(S.K. Awasthi)
skt Judge
115
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.20556/2019x
Indore dated : 19/11/2019
Ms. Neha Yadav, learned counsel for the applicants.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent No.1/State.
Notice issued to respondent No.2 is received unserved with
the report that she is out of station, therefore, she was not found
in the given address.
On payment of fresh process-fee within working seven
days, let notice be issued to respondent No.2 by ordinary as well
registered AD mode. Notice be made returnable within four
weeks.
IR to continue till the next date of hearing.
List thereafter.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
116
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 31114/2019x
Indore dated : 19/11/2019
None for the applicants.
Shri M.K. Sahani, learned counsel for the respondent.
In absence of the learned counsel for the applicants, the case
is adjourned.
List after three weeks.
(S.K. Awasthi)
skt Judge
117
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 801/2016x
Indore dated : 19/11/2019
None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
In compliance of production warrant issued by this Court
Court, vide order dated 15/10/2019, appellant-Shyam Singh @
Samrathsingh @ Samandar Singh @ Jitendra S/o Sureshsingh
Rajput is brought before this Court from District-Jail, Dhar by Head
Constable No. 717-Inder Singh Dodava. His presence is marked.
He be sent back to the concerned jail under the same escort for
suffering remaining jail sentence under the appropriate warrant.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
118
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46421/2019x
Indore dated :18/11/2019
Shri Anurag Baijal, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent /State.
List alongwith M.Cr.C. No. 27422/2019.
(S.K. Awasthi)
Judge
skt
119
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.27422/2019x
Indore dated :18/11/2019
Shri Anurag Baijal, learned counsel for the applicant.
Shri S. Tomar, learned counsel for the respondent
No.1/complainant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent No.2/State.
Learned counsel for the respondent No.1 prays for and is
granted time to file written objection on behalf of the
complainant.
List in the next week.
(S.K. Awasthi)
Judge
skt
120
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46394/2019x
Indore dated :18/11/2019
Shri Ashish Gupta, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No. 8993/2019,
an application for dispensing with filing of Vakalatnama.
On due consideration, IA No. 8993/2019 is dismissed.
Learned counsel for the applicant is directed to file
Vakalatnama on behalf of the applicant.
List in the next week.
(S.K. Awasthi)
Judge
skt
121
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46375/219x
Indore dated :18/11/2019
Shri K.P. Pande, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
further time to file the certified copy of the entire proceedings of
the trial court.
List on 23/11/2019.
(S.K. Awasthi)
Judge
skt
122
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46335/2019x
Indore dated :18/11/2019
Shri A.K. Saxena, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.195/2015, registered at
Police Station-Dharampuri, District-Dhar concerning offence
under Section 420/34 of the IPC.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
123
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46493/2019x
Indore dated :18/11/2019
Shri Aayush Pandey, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.754/2019, registered at
Police Station-Bhawarkuan, District-Indore concerning offence
under Section 8/20 of the NDPS Act, 1985.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
filing of the charge-sheet .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
124
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46529/2019x
Indore dated :18/11/2019
Shri M.S. Chouhan, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
At the request of learned counsel for the applicant, the case
is adjourned.
List in the next week.
(S.K. Awasthi)
Judge
skt
125
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46551/2019x
Indore dated :18/11/2019
Shri Mukesh Sinjoniya, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
three working days time to file the certified copy of the
proceedings of the trial Court.
List in the next week.
(S.K. Awasthi)
Judge
skt
126
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46608/2019x
Indore dated :18/11/2019
Shri N.J. Dave, learned counsel for the applicants.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary by next date of hearing positively.
List in the next week.
(S.K. Awasthi)
Judge
skt
127
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9581/2019x
Indore dated :18/11/2019
Shri Pratik Jain, learned counsel for the appellant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary so also to comply with the provision of Section 15(A)
(III) of the SC/ST(PA) Act, 1989 by next date of hearing
positively.
List in the next week.
(S.K. Awasthi)
Judge
skt
128
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9467/2019x
Indore dated :18/11/2019
Shri Pankaj Ajmera, learned counsel for the appellant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Learned counsel appearing on behalf of the
complainant/objector prays for and is granted one weeks time to
file Vakalatnama and written objection on behalf of the
complainant.
List in the next week.
(S.K. Awasthi)
Judge
skt
129
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 9402/2019x
Indore dated :18/11/2019
Shri Nilesh Manore, learned counsel for the appellant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No. 9042/2019,
an application filed under Section 5 of the Limitation Act for
condonation of 161 days delay in preferring the present appeal.
Looking to the reasons assigned in the application, which is
also supported with the affidavit of learned counsel for the
appellant, sufficient ground is made out to condone the delay.
Accordingly, IA No. 9042/2019 is allowed and delay of 161 days
in preferring the present appeal is hereby condoned.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary so also to comply with the provision of Section 15(A)
(III) of the SC/ST(PA) Act, 1989 by next date of hearing
positively.
List in the next week.
(S.K. Awasthi)
Judge
skt
130
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 9522/2019x
Indore dated :18/11/2019
Shri Abhishek Bhargava, learned counsel for the appellant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the appellant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
131
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44086/2019x
Indore dated :18/11/2019
Shri Vikas Jain, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
132
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44570/2019x
Indore dated :18/11/2019
Shri Manish Yadav, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
133
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44581/2019x
Indore dated :18/11/2019
Shri M.I. Khan, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
134
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46101/2019x
Indore dated :18/11/2019
Shri G.D. Arya, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
135
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46378/2019x
Indore dated :18/11/2019
Shri S. Pandey, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
136
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46547/2019x
Indore dated :18/11/2019
Shri Sanjay Sharma, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defect pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
137
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.45175/2019x
Indore dated :18/11/2019
Shri N.S. Tomar, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted
seven working days time to cure the defects pointed out by the
Office.
List thereafter.
(S.K. Awasthi)
Judge
skt
138
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46311/2019x
Indore dated :18/11/2019
Shri Vikas Rathi, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
At the request of learned counsel for the applicant, the case
is adjourned.
List on 23/11/2019.
(S.K. Awasthi)
Judge
skt
139
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46216/2019x
Indore dated :18/11/2019
Shri R.R. Bhatnagar, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
At the request of learned counsel for the applicant, the case
is adjourned.
List on 23/11/2019.
(S.K. Awasthi)
Judge
skt
140
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.41705/2019x
Indore dated :18/11/2019
Shri Sanjay Sharma, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is repeat (second) application under Section 439, Cr.P.C
for grant of bail in connection with Crime No.371/2019,
registered at Police Station-Industrial Area, Ratlam concerning
offence under Sections 376(2)(n) and 506 of the IPC.
After arguing at length on the merit of the case, learned
counsel for the applicants seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
141
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43394/2019x
Indore dated :18/11/2019
Ms. Archana Maheshwari, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant further prays for two days
time to file the certified copy of the entire proceedings of the trial
Court.
Prayer is allowed.
List on 20/11/2019.
(S.K. Awasthi)
Judge
skt
142
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44033/2019x
Indore dated :18/11/2019
Shri Gaurav Laad, learned counsel for the applicant.
Shri Manoj Soni, learned counsel for the respondent/CBN.
Heard. Case diary perused.
This is repeat (fourth) application under Section 439, Cr.P.C
for grant of bail in connection with Crime No.05/2018, registered
at Police Station-NCB, Indore, Branch-Mandsaur concerning
offence under Sections 8/21 and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
After arguing at length on the merit of the case, learned
counsel for the applicants seeks permission of this Court to
withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
143
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44392/2019x
Indore dated :18/11/2019
Shri A.K. Saraswat, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.27/2019, registered at Police
Station-Narcotics Cell, Indore Circle, Neemuch concerning
offence under Sections 8/18 and 25 of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
After arguing at length on the merit of the case, learned
counsel for the applicants seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
completion of substantial period in custody.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
144
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.42190/2019x
Indore dated :18/11/2019
Shri R.S. Bais, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No. 9256/2019, an
application for converting the present petition filed under Section 439
of the Cr.P.C. into Criminal Appeal filed under Section 14(A)(2) of
the SC/ST(PA) Act, 1989.
On due consideration, IA No. 9256/2019 is allowed.
Resultantly, the present petition is disposed of as converted into
Criminal Appeal.
(S.K. Awasthi)
Judge
skt
145
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.42498/2019x
Indore dated :18/11/2019
Shri Himanshu Thakur, learned counsel for the applicant.
Shri Prabal Jain, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant is directed to file the certified
copy of the entire proceedings of the trial Court.
List in the next week.
(S.K. Awasthi)
Judge
skt
146
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.42570/2019x
Indore dated :18/11/2019
Shri Abhishek Rathore, learned counsel for the applicant.
Shri Prabal Jain, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary by next date of hearing positively.
List in the next week.
(S.K. Awasthi)
Judge
skt
147
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43085/2019x
Indore dated :18/11/2019
Shri Rishi Pandit, learned counsel for the applicant.
Shri Prabal Jain, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.433/2019, registered at
Police Station-Excise Department, Indore concerning offence
under Section 34(2) of the M.P. Excise Act, 1915.
After arguing for sometime, looking to the criminal
antecedents of the applicant, learned counsel for the applicant
seeks permission of this Court to withdraw this application.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
148
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43186/2019x
Indore dated :18/11/2019
Shri S.S. Nahar, learned counsel for the applicants.
Shri Prabal Jain, learned Public Prosecutor for the
respondent/State.
Shri A.K. Saxena, learned counsel for the complainant/Objector.
Heard learned counsel for the parties on IA No. 9053/2019, an
application for impleading complainant as respondent No.2 in the
present petition.
On due consideration, IA No. 9053/2019 is allowed and learned
counsel for the applicants is permitted to implead the complainant as
respondent No.2.
Learned counsel for applicants is directed to carry out the
necessary corrections within three working days. Thereafter, on
payment of process-fee within seven working days, let notice be
issued to respondent No.2 on admission and IA No. 8430/2019, an
application for stay by ordinary and registered Ad mode. Notice be
made returnable within four weeks.
List thereafter.
(S.K. Awasthi)
Judge
skt
149
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43311/2019
Indore dated :18/11/2019
Shri A.K. Saxena, learned counsel for the applicant.
Shri Prabal Jain, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the
case-diary by next date of hearing positively.
List in the next week.
(S.K. Awasthi)
Judge
skt
150
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43654/2019x
Indore dated :18/11/2019
Shri Yashpal Rathore, learned counsel for the applicant.
Shri Prabal Jain, learned Public Prosecutor for the
respondent/State.
Learned Public Prosecutor is directed to keep present the
Investigation Officer on the next date of hearing before this Court to
explain the role played by the applicant in the present crime so also
the reason on what basis the applicant has been implicated as accused
in the present case.
List on 28/11/2019.
(S.K. Awasthi)
Judge
skt
151
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43666/2019x
Indore dated :18/11/2019
Shri Rampal Uikey, learned counsel for the applicant.
Shri Prabal Jain, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted one
weeks time to file the certified copy of the entire proceedings of the
trial Court.
List in the next week.
(S.K. Awasthi)
Judge
skt
152
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43805/2019x
Indore dated :18/11/2019
Shri M.M. Bohra, learned counsel for the applicants.
Shri Prabal Jain, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties, on IA no. 9212/2019, an
application filed under Section 482 of the Cr.P.C. for correction of
Crime Number in the bail application.
On due consideration IA No. 9212/2019 is allowed and the
learned counsel for the applicants is directed to carry out the
necessary amendment in the memo of petition within three working
days.
List in the next week.
(S.K. Awasthi)
Judge
skt
153
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5433/2019x
Indore dated :13/11/2019
Shri Harish Tripathi, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard.
The applicant has preferred this petition under Section
397/401 of the Cr.P.C. against order dated 23/10/2019 passed by
Special Judge( Protection of Children from Sexual Offences Act,
2012), Ratlam in Special Case No. 151/2016, whereby the
application filed by the respondent/State under Section 311 of the
Cr.P.C. for taking the blood sample of the applicant for sending
the DNA test has been allowed.
2. Learned counsel for the applicant submitted that on the basis
of complaint made by prosecutrix (PW 3), FIR bearing Crime
No.438/2016 for commission of an offence punishable under
Sections 363, 366 and 376(2)(n) of the IPC alongwith Section
5(L)/6 of Protection of Children from Sexual Offences Act, 2012
has been registered at Police-Station-Industrial Area, Ratlam.
After completion of the investigation, the charge-sheet was filed.
During trial the prosecutrix, her parents and other prosecution
witnesses have been examined before the trial Court on
23/10/2019 and the prosecution evidence was closed on
11/11/2019. The applicant was examined under Section 313 of the
Cr.P.C., thereafter, the respondent/State moved an application for
taking blood sample of the applicant for sending it to DNA
examination and the same was allowed by the trial court, vide
impugned order without considering the fact that the prosecutrix
154
and other prosecution witnesses have not supported the
prosecution case and turned hostile. Thereafter, the prosecution
must not be allowed to fill up a lacuna in his case at such a belated
stage with intend to linger on the case. Under these circumstances,
learned counsel for the applicant prays for setting aside of the
impugned order.
3. . On the other hand, learned Public Prosecutor opposed the
prayer by supporting the impugned order.
4. Having heard learned counsel for the parties and perused the
documents filed alongwith the revision petition.
5. From the perusal of the documents, it appears that the case
was registered against the applicant in the year 2016 and the FSL
report was also received by the prosecution in the month of
September, 2016, however, at that time the prosecution has not
taken any steps with regard to taking blood sample of the
applicant for sending it to DNA examination. The prosecutrix and
her parents were examined before the trial Court in the month of
December, 2018 and they have not supported the prosecution case
and turned hostile. Thereafter, the statement of the applicant was
recorded under Section 313 of the Cr.P.C. and the case was fixed
for recording his evidence. After that the respondent/State have
moved an application under Section 311 of the Cr.P.C. seeking
permission for taking blood sample of the applicant for sending it
to DNA examination without assigning any reason as to why
initially the prosecution has not taken any step for taking blood
sample of the applicant for DNA examination. It is well settled
preposition of law, that no party can be allowed to fill up lacuna in
their case, therefore, the trial Court has committed error in
155
allowing the application filed by the prosecution under Section
311 of the Cr.P.C. at a belated stage and granting permission for
taking blood sample of the applicant for sending the same for
DNA examination.
6. Looking to the aforesaid facts and circumstances of the case,
in the considered opinion of this Court, the present revision
petition deserves to be and is hereby allowed. Consequently, the
order dated 23/10/2019, passed by Special Judge( Protection of
Children from Sexual Offences Act, 2012), Ratlam in Special
Case No. 151/2016 is hereby set aside meaning thereby the
application filed by the prosecution under Section 311 of the
Cr.P.C. before the trial Court is hereby dismissed.
7. Let a copy of this order be sent to the trial Court for
information and necessary compliance.
(S.K. Awasthi)
Judge
skt
156
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.37018/2019x
Indore dated :13/11/2019
None for the applicant.
The applicant has preferred this petition under Section
378(4) of the Cr.P.C. for grant of leave to appeal against judgment
of acquittal passed by 10th Additional Sessions Judge, Ujjain, vide
judgment dated 2/06/2019 in S.T. No. 78/2018, whereby the
respondent No.1 has been acquitted for commission of offence
punishable under Sections 354(A)(i-iv) and 352 of the IPC
alongwith Section 11(1)/12 of Protection of Children from Sexual
Offences Act, 2012.
According to the averments made in the petition, the trial
Court has not properly appreciated the evidence and come to the
conclusion that at the time of alleged incident, the victim was
below 18 years. It is also averred in the petition that the trial
court wrongly disbelieved the statement of the victim and
acquitted the respondent No.1 from the alleged offence.
Therefore, applicant prays for grant of leave to appeal against the
judgment of acquittal.
From the perusal of the impugned judgment, it appears that
there was previous enmity between the parties, therefore,
possibility of false implication of the respondent No.1 cannot be
ruled out. Material discrepancies were also come in the statement
of the prosecution witnesses, hence, their statement has not been
found trustworthy by the trial Court.
Considering the findings recorded by the trial Court in para
Nos. 24 and 25 of the impugned judgment, this court is of the
view that the findings recorded by the trial court for acquittal of
157
the respondent No.1 is just and proper and no interference in the
impugned judgment is called for by this Court.
Looking to the aforesaid facts and circumstances, no case for
grant of leave to appeal against judgment of acquittal is made out.
Accordingly, the present application filed under Section 378(4) of
the Cr.P.C. for grant of leave to file an appeal is hereby dismissed
summarily.
(S.K. Awasthi)
Judge
skt
158
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.39909/2019x
Indore dated :13/11/2019
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
applicant/State.
Heard.
The applicant/State has preferred this petition under Section
378(3) of the Cr.P.C. for grant of leave to appeal against the
judgment dated 14/06/2019 passed by 10th Additional Sessions
Judge, Ujjain in S.T. No. 498/20018, whereby the respondent has
been acquitted by the trial Court for commission of offence
punishable under Sections 451, 354 and 506(II) of the IPC
alongwith Section 7/8 of Protection of Children from Sexual
Offences Act, 2012.
Learned Public Prosecutor has submitted that the trial Court
has not properly appreciated the evidence and wrongly acquitted
the respondent for the aforesaid offence. Under these
circumstances, he prayed for setting aside of the impugned
judgment and grant of leave to appeal against judgment of
acquittal.
Heard learned Public Prosecutor for the applicant/State and
perused the record.
From the perusal of the statement of prosecution witnesses,
it appears that there was previous enmity between the parties and
on the morning of the date of alleged incident, a quarrel took
place between the family members of the prosecutrix and the
respondent, therefore, due to the previous enmity, possibility of
false implication of the respondent cannot be ruled out. Material
discrepancies were also noticed in the statement of the
159
prosecution witnesses, hence, their statement cannot be found
trustworthy by the trial Court.
Considering the findings recorded by the trial Court in para
Nos. 18 to 22 of the impugned judgment, this court is of the view
that the trial Court has not committed any error in disbelieving the
testimony of the prosecution witnesses. Public Prosecutor has
failed to point out that how and in what manner view taken by the
trial Court is not possible or plausible. No perversity could be
pointed out in the impugned judgment, which can be interfered by
this Court.
Looking to the aforesaid facts and circumstances of the case,
no case for grant of leave to appeal against the impugned
judgment of acquittal is made out. Accordingly, the present
application filed under Section 378(3) of the Cr.P.C. for grant of
leave to file an appeal is hereby dismissed summarily.
(S.K. Awasthi)
Judge
skt
160
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 28683/2017x
Indore dated :15/11/2019
Shri Ayush Jain, learned counsel for the applicant.
Shri Anil Ojha, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant has submitted an elaborate
submission.
Learned Public Prosecutor for the respondent/State prays for
and is granted time to produce the copy of the order passed by this
Court regarding the service status of MPEB employees.
List on 26/11/2019.
(Shailendra Shukla)
Judge
skt
161
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44208/2019x
Indore dated :15/11/2019
Ms. Neha Yadav, learned counsel for the applicant.
Shri Anil Ojha, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for and is granted one
weeks time to cure the defects pointed out by the Office.
List in the next week.
(Shailendra Shukla)
Judge
skt
162
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 40929/2019x
Indore dated :15/11/2019
Shri Vishal Pawar, learned counsel for the applicant.
Shri Anil Ojha, learned Public Prosecutor for the
respondent/State.
After arguing for sometime, learned counsel for the applicant
seeks leave of this Court to withdraw this repeat (second) application
filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, the present application is dismissed as withdrawn.
(Shailendra Shukla)
Judge
skt
163
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 36108/2019x
Indore dated :15/11/2019
Shri Sanjay Sharma, learned counsel for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the
respondent/State.
At the joint request of learned counsel for the parties, the case is
adjourned.
List on 19/11/219.
(Shailendra Shukla)
Judge
skt
164
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 8634/2017x
Indore dated :15/11/2019
Shri Manan Dhakad, learned counsel for the petitioner.
Shri Anil Ojha, learned Public Prosecutor for the
respondent/State.
After arguing for sometime, learned counsel for the petitioner
seeks leave of this Court to withdraw this petition filed under Section
482 of the Cr.P.C.
Prayer is allowed.
Accordingly, the present petition is dismissed as withdrawn.
(Shailendra Shukla)
Judge
skt
165
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 4643/2019x
Indore dated :15/11/2019
Shri Himanshu Tharkur, learned counsel for the petitioner.
Shri Anil Ojha, learned Public Prosecutor for the
respondent/State.
At the request of learned counsel for the petitioner, the case is
adjourned.
List in the next week.
(Shailendra Shukla)
Judge
skt
166
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.12172/2019x
Indore dated :15/11/2019
Parties through their counsel.
Learned counsel for the parties further prays for time to argue
the matter on the ground that there is possibility of compromise
between the parties.
On earlier occasion also i.e. on 11/09/2019, learned counsel for
the parties prays for and is granted eight weeks time to argue the
matter on the same ground.
By way of last indulgence, four weeks time is granted to file the
compromise application, failing which learned counsel for the parties
are directed to argue the matter on the next date of hearing.
IR to continue till the next date of hearing.
List on 16/12/2019.
Certified copy as per rules.
(Shailendra Shukla)
Judge
skt
167
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1556/2016x
Indore dated :15/11/2019
Shri N.K. Verma, learned counsel for the appellant.
None for the respondents, even after service of notice.
Let bailable warrant of Rs.5000/- each be issued against the
respondent Nos. 1 to 4 for securing their presence before the Registry
of this Court on 09/12/2019.
List on 09/12/2019.
(Shailendra Shukla)
Judge
skt
168
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8073/2017x
Indore dated :15/11/2019
Ms. V. Sumanlata Tamrakar, learned counsel for the petitioner.
At the request of learned counsel for the petitioner, list
alongwith M.Cr.C. No. 48107/2019 for analogous hearing.
(Shailendra Shukla)
Judge
skt
169
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.19517/2019x
Indore dated :15/11/2019
Shri Palash Choudhary, learned counsel for the petitioner.
Shri Anil Ojha, learned Public Prosecutor for the
respondent/State.
Learned counsel for the petitioner prays for and is granted two
weeks time to cure the defects pointed out by the Office.
List after two weeks.
(Shailendra Shukla)
Judge
skt
170
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.537/2017x
Indore dated :15/11/2019
Shri Manan Dhakad, learned counsel for the petitioner.
Learned counsel for the petitioner prays for and is granted two
weeks time to argue the matter.
List after two weeks.
(Shailendra Shukla)
Judge
skt
171
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 32217/2019x
Indore dated :15/11/2019
Parties through their counsel.
List alongwith M.Cr.C. No. 37341/2019 for analogous hearing.
(Shailendra Shukla)
Judge
skt
172
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 37341/2019x
Indore dated :15/11/2019
Shri A.V. Khare, learned counsel for the petitioner.
Shri Anil Ojha, learned Public Prosecutor for the
respondent/State.
Learned counsel for the prays for and is granted one weeks time
to cure the defects pointed out by the Office.
List after a week.
(Shailendra Shukla)
Judge
skt
173
THE HIGH COURT OF MADHYA PRADESH
RP No. 1546/2019x
Indore dated :15/11/2019
Parties through counsel.
The present review petition has been filed for reviewing the
order dated 01.10.2019 passed in the Writ Appeal No.1569/2019, by
which, the Court has allowed the writ appeal setting aside the order
passed by the Collector as well as by the Commissioner.
It has been stated by learned counsel for the petitioner that in
the aforesaid order in paragraph - 9, due to typographical error, the
date of order of the Collector has been mentioned as '20.03.2017";
whereas, the correct date is '13.09.2017".
In light of the aforesaid, in place of '20.03.2017', '13.09.2017' is
hereby substituted. The present order shall be read conjointly with the
order dated 01.10.2019 passed in WA No. 1569/2019.
The present review petition stands allowed to the aforesaid
extent.
Let a copy of this order be kept in the file of W.A.
No.1569/2019.
Certified copy, as per Rules.
(S.C. Sharma) (Shailendra Shukla)
Judge Judge
skt
174
--- 1 ---R. P. No. 312 / 201213/07/2012Mr. Maqbool
Ahmed, learned counsel for the applicant.Mr. CR
Karnik,learned counsel for the respondent
State.The present application has been filed for
correction oftypographical error in the order dated
17/5/2012. The contentionof the applicant is that the
impugned order is dated 31/12/2011,whereas, the
date has wrongly been mentioned as
13/12/2012.Learned counsel for the respondent
State has fairlyaccepted before this court that the
aforesaid mistake is atypographical
mistake.Resultantly, the application is allowed. In
place of13/12/2012, 31/12/2011 be substituted. This
order shall be read conjointly with the order
dated17/5/2012.(S. C. SHARMA)J U D G EKR
175
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 6796/2019x
Indore dated :15/11/2019
Parties through their counsel.
Record of the trial court is still awaited.
Office is directed to collect the record and list on 06/01/2020
alongwith record.
(S.C. Sharma) (Shailendra Shukla)
Judge Judge
skt
176
THE HIGH COURT OF MADHYA PRADESH
WA No. 1745/2019x
Indore dated :15/11/2019
Parties through their counsel.
At the request of learned counsel for the appellants, list on
20/11/2019.
(S.C. Sharma) (Shailendra Shukla)
Judge Judge
skt
177
THE HIGH COURT OF MADHYA PRADESH
FA No. 1886/2019x
Indore dated :15/11/2019
Shri Ashish Choubey, learned counsel for the appellant.
On payment of process-fee within seven working days, let
notice be issued to respondent on admission. Notice be made
returnable within four weeks.
Let record of the trial court be called for.
Meanwhile, the operation of the impugned order and decree
shall remain stayed.
List on 14/01/2020.
Certified copy as per rules.
(S.C. Sharma) (Shailendra Shukla)
Judge Judge
skt
178
THE HIGH COURT OF MADHYA PRADESH
WP No.24009/2019x
Indore dated :15/11/2019
Shri Vinay Saraf, learned Senior counsel with Shri Bharat
Yadav, learned counsel for the petitioner.
Shri Abhishek Tugnawat, learned counsel for the respondent
No.1/State.
On payment of process-fee within seven working days, let
notice be issued to respondent Nos. 2 to 4 on admission. Notice be
made returnable within four weeks.
List on 16/12/2019.
(S.C. Sharma) (Shailendra Shukla)
Judge Judge
skt
179
THE HIGH COURT OF MADHYA PRADESH
WP No.24114/2019x
Indore dated :15/11/2019
Shri Ashish Goyal, learned counsel for the petitioner.
On payment of process-fee within seven working days, let
notice be issued to respondent on admission. Notice be made
returnable within three weeks.
Learned counsel for the petitioner is directed to supply the copy
of writ petition alongwith annexures to Ms. Veena Mandlik.
List on 17/12/2019.
(S.C. Sharma) (Shailendra Shukla)
Judge Judge
skt
180
THE HIGH COURT OF MADHYA PRADESH
WP No.23748/2019x
Indore dated :15/11/2019
Shri Ashish Goyal, learned counsel for the petitioner.
On payment of process-fee within seven working days, let
notice be issued to respondent on admission as well as on IA No.
5197/2019, an application for stay. Notice be made returnable within
three weeks.
Learned counsel for the petitioner is directed to supply the copy
of writ petition alongwith annexures to Ms. Veena Mandlik.
List on 17/12/2019.
(S.C. Sharma) (Shailendra Shukla)
Judge Judge
skt
181
THE HIGH COURT OF MADHYA PRADESH
WP No. 24063/2019x
Indore dated :15/11/2019
Shri L.C. Patne, learned counsel for the petitioner.
Shri Abhishek Tugnawat, learned counsel for the
responents/State.
The petitioner before this Court has filed the present petition
being aggrieved by order dated 20/09/2019 passed by Dean, MGM,
Medical College, Indore.
The facts of the case reveals that the petitioner has obtained the
MBBS degree from the MGM Medical College in the year 2012and
was selected for diploma course in the subject of Obstetrics and
Gynecology. She has submitted a bond on 21/04/2018 and as per the
terms of the bond, she was required to serve State of Madhya Pradesh
( Rural Area) for one year. In the case of not fulfilling the aforesaid
condition, she was required to pay Rs.8.0 Lacs. Undisputedly, the
matter relating to submission of bond was subjected to judicial
scrutiny and the Division Bench of this Court in the case of Dr. Varun
Chauhan Vs. State of Madhya Pradesh, vide order dated 03/05/2016
passed in WP No. 7929/2016 has dismissed the writ petition and has
upheld the action of the State Government and directed the candidates
to submit a bond.
Undisputedly, the petitioner has submitted a bond, while the
matter was pending before the Divisional Bench and the petitioner
sought permission for admission to another super specialty course in
Gynecology and she has been granted admission based upon National
Eligibility Test conducted by National Board of Examination. The
another important aspect of the case is that the respondents
themselves have issued a letter dated 06/04/2017, which is in fact a
No Objection Certificate issued by Dean, MGM Medical College,
Indore and the aforesaid letter makes it clear that the petitioner was
182
granted permission to take admission in the aforesaid Super Specialty
Course and it was made clear that she will serve the State of Madhya
Pradesh after completion of the said course and if she does not serve
the State of Madhya Pradesh in rural areas, then in that case she will
deposit Rs. 8.0 Lacs. Shri Patne has argued before this Court that the
petitioner will definitely serve the State of Madhya Pradesh in rural
areas for one year after completing the super specialization .
This Court in the light of NOC, which was granted by
respondent No.3 on 06/04/2017 as well as the affidavit submitted by
the petitioner today, is of the opinion that the petitioner is entitled for
grant of interim relief. Accordingly, the petitioner is permitted to join
the FNB course at Kerla Institute of Medical Science, Trivendrum. It
is made clear that the petitioner after completion of the said course,
will serve the State of Madhya Pradesh in rural areas for one year and
in case of breach of the condition, she will pay Rs.8.0 Lacs to the
State.
Meanwhile, learned counsel for the respondents is directed to
file the detailed and exhaustive reply of the petition.
No correceive action will be taken against the petition till the
next date of hearing.
List the matter on 10/02/2020.
Certified copy today.
(S.C. Sharma) (Shailendra Shukla)
Judge Judge
skt
183
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44929/2019x
Indore dated :13/11/2019
Shri Bharat Dembla, learned counsel for the applicant.
Shri Prasanna Prasad, learned counsel for the
respondent/State-Directorate of Revenue Intelligence.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.88/2019, registered by
Directorate of Revenue Intelligence, Indore concerning offence
under Sections 132, 132 and 135 of the Customs Act, 1962.
According to the prosecution case, on the basis of specific
intelligence applicant alongwith six other passengers were
intercepted at Devi Ahilya Bai Holkar International Airport,
Indore arrived by flight No. 904 at 12:35 a.m. On search of the
aforesaid persons, gold bullets and wrappers were recovered from
the rectum weighted 5073.80 gms valued at Rs. 1,97,17,059/-.
Thereafter, statement of applicant was recorded under Section 108
of the Customs Act, 1962, wherein, he accepted that he knew all
the co-accused persons and they were coming together and
smuggling gold collectively in small quantities, therefore, offence
under Section 135 of the Customs Act, 1962 was registered
against the applicant and other co-accused persons and they were
arrested.
Learned counsel for the applicant submitted that the
applicant was a solo traveler vides flight No. SG-5 from Mumbai
to Dubai dated 26/09/2019 and by flight No.AI-904 from Dubai to
Indore dated 27/09/2019. About 425 gms. Gold worth of
Rs.15,72,000/- was found from his back pocket, which is in the
184
normally permitted limit, therefore, the offence registered against
the applicant is bailable in nature. However, the prosecution
agency has falsely implicated him for the commission of offence
under Section 135 of the Customs Act, 1962 alleging that he was
smuggling gold collectively in small quantities alongwith six
other co-accused persons. There is no evidence to substantiate the
aforesaid fact. The applicant is in custody since 28/09/2019 and
there is no possibility of his absconsion or tempering with the
evidence. Under these circumstances, learned counsel for the
applicant prays for grant of bail to the applicant. In support of his
contention, learned counsel for the applicant has placed reliance
on the judgment of Hon'ble apex court in the case of Adani
Enterprised Ltd. & Ors. Vs. Union of India and Ors., passed on
18/10/2019 in WP No. 3818/2018, Omprakash & Anrs. Vs.
Union of India and Anrs., passed on 30/09/2011 in W.P.
(Criminal) No. 66/2011 and Avinash Bhosale Vs. Union of India
& ors. passed in Criminal Appeal No. 138/2007 on 23/08/2007.
On the other hand, learned counsel for the respondent
opposed the application by contending that the applicant is arrived
at Devi Ahilya Bai Holkar International Airport, Indore alongwith
other 6 co-accused persons and when they were asked to show
their passport and boarding passes, then passport of all the
accused were handed over by Smt. Sapna Bhatia to the Custom
Officers and during search of the said passengers the gold(bullets)
and gold (wrappers) were recovered from the body cavity
(rectum), undergarments and clothing's. The weight of the gold
was found to 5073.870 gms. Valued at Rs. 1,97,17,059/-.
Thereafter, the statement of the applicant was recorded under
185
Section 108 of the Customs Act, 1962, wherein he accepted that
he knew all the accused persons and they came together. He also
submitted that prior to the alleged incident, one case also booked
by customs against the applicant in relation to smuggling of gold,
therefore, it is clear that the applicant is a habitual offender and
the investigation agency is gathering the relevant information in
relation to smuggling of foreign gold from other countries by the
applicant and other co-accused persons. Hence, he prayed for
rejection of the application.
After considering the arguments advanced by the learned
counsel for the parties and looking to the material available in the
case-diary against the applicant, this Court is of the view that no
case for grant of bail to the applicant is made out. So far as the
judgments relied by the learned counsel for the applicant are
concerned, they cannot be taken into consideration while deciding
the bail application. Thus, present bail application filed by the
applicant is hereby dismissed.
(S.K. Awasthi)
Judge
skt
186
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C.No.33183/2019x
Indore dated:13/11/2019
Shri Yogesh Kumar Gupta, learned Public Prosecutor for
the applicant/State.
This petition under Section 482 of Cr.P.C. has filed for
restoration of Cr.A. No. 6101/2018, which was dismissed by
Principal Registrar vide order dated 02/07/2019 for non-
compliance of order dated 15/05/2019 passed by this Court.
Looking to the reasons mentioned in the application,
sufficient ground is made out to restore Cr.A. No. 6101/2018 to its
original number. Accordingly, this petition filed under Section
482 of the Cr.P.C. is allowed and subject to depositing cost of
Rs.1,000/- in Legal Aid Service Committee, Indore within 15
days from today, Cr.A. No. 6101/2018 be restored to its original
number.
With the aforesaid, this petition stands disposed of.
A copy of this order be placed in the record of Cr.A. No.
6101/2018.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
187
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1001/2015x
Indore dated :13/11/2019
Shri Vinod Thakur, learned counsel for the applicants.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
As per the Office report, applicant No.1-Praveen Kumar did
not mark his presence before the Registry of this Court on
07/08/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against applicant
No.1-Praveen Kumar for securing his presence before this court
on 09/01/2020.
List on 09/01/2020.
(S.K. Awasthi)
Judge
skt
188
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 685/2015
Indore dated :13/11/2019
Shri Kailash Daima, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Learned counsel for the applicant prays for fixed date to keep
present the applicant-Bhagwan.
Prayer is allowed.
List the matter on 02/12/2019 for personal appearance of
applicant-Bhagwan.
(S.K. Awasthi)
skt Judge
189
THE HIGH COURT OF MADHYA PRADESH
Cr.A. Nos. 235/2016, 1624/2015, 1718/2015 and 1590/2015x
Indore dated :13/11/2019
List alongwith Cr.A. No. 1719/2015 for analogous hearing.
(S.K. Awasthi)
skt Judge
190
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1719/2015x
Indore dated :13/11/2019
Shri Ashish Gupta, learned counsel for the appellants.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Appellant No.2-Kassu is present in person. He is duly
identified by his counsel and his presence is marked.
Heard learned counsel for the parties on IA No.9228/2019, an
application for condonation of previous non-appearance of appellant
No.2 on 05/08/2019 before the registry of this Court.
Looking to the reasons assigned in the application, which is also
supported with the affidavit of appellant No.2-Kassu S/o Dhuliya
sufficient ground is made out to condone his previous non-appearance
before the Registry of this Court on 05/08/2019.
Accordingly IA No.9228/2019 is allowed and previous non-
appearance of appellant No.2-Kassu before the Registry this Court
on 05/08/2019 is hereby condoned .
Appellant No.2-Kassu is directed to mark his presence before
the Registry of this Court on 15/04/2021 and on all other subsequent
dates as may be fixed by the Registry in this behalf.
List alongwith Cr.A. No. 1624/2015 for analogous hearing.
(S.K. Awasthi)
skt Judge
191
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1647/2015x
Indore dated :13/11/2019
Shri A.K. Bhargava, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Appellant-Dharmendra is present in person. He is duly
identified by his counsel and his presence is marked.
Heard learned counsel for the parties on IA No.9155/2019, an
application for condonation of previous non-appearance of appellant
on 06/08/2019 before the registry of this Court.
Looking to the reasons assigned in the application, which is also
supported with the affidavit of appellant-Dharmendra Yadav sufficient
ground is made out to condone the previous non-appearance of the
appellant before the Registry of this Court on 06/08/2019.
Accordingly IA No.9155/2019 is allowed and previous non-
appearance of appellant before the Registry this Court on 06/08/2019
is hereby condoned .
Appellant-Dharmendra Yadav is directed to mark his presence
before the Registry of this Court on 21/04/2020 and on all other
subsequent dates as may be fixed by the Registry in this behalf.
List the revision for final hearing in due course.
(S.K. Awasthi)
skt Judge
192
THE HIGH COURT OF MADHYA PRADESH
Cr.R. 894/2016x
Indore dated :13/11/2019
None for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
As per the Office report, applicants-Manabai and Ranjnabai
did not mark their presence before the Registry of this Court on
07/08/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against
applicants- Manabai and Ranjnabai for securing their presence
before this court on 10/01/2020.
List on 10/01/2020.
(S.K. Awasthi)
Judge
skt
193
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 699/2017x
Indore dated :13/11/2019
Shri Ravi Sagre, learned counsel for the applicant.
Shri Vinit Hardia, learned Govt. Advocate for the
respondent/State.
Applicant-Bhagwan Singh is present in person. He is duly
identified by his counsel and his presence is marked.
Heard learned counsel for the parties on IA No. 9208/2019, an
application for condonation of previous non-appearance of applicant
on 05/09/2019 before the registry of this Court and for recalling
bailable warrant issued against the applicant by this Court, vide order
dated 01/10/2019.
Looking to the reasons assigned in the application, which is also
supported with the affidavit of appliant sufficient ground is made out
to condone the previous non-appearance of the applicant before the
Registry of this Court on 05/09/2019.
Accordingly IA No.9208/2019 is allowed and previous non-
appearance of applicant before the Registry this Court on 05/09/2019
is condoned and bailable warrant issued against the applicant by this
Court, vide order dated 01/10/2019 is hereby recalled.
Applicant-Bhagwan Singh is directed to mark his presence
before the Registry of this Court on 27/04/2020 and on all other
subsequent dates as may be fixed by the Registry in this behalf.
List the revision for final hearing in due course.
(S.K. Awasthi)
skt Judge
194
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1282/2017x
Indore dated :13/11/2019
Shri V.A. Katkani, learned counsel for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Learned counsel for the appellants prays for fixed date to keep
present the appellants before this Court.
Prayer is allowed.
List the appeal on 20/11/2019 for personal appearance of the
appellants before this Court.
(S.K. Awasthi)
skt Judge
195
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 5507/2017x
Indore dated :13/11/2019
Shri A.S. Parihar, learned counsel for the appellant.
Shri Vinit Hardia, learned Govt. Advocate for the
respondent/State.
Appellant-Mohd. Ali is present in person. He is duly identified
by his counsel and his presence is marked.
Heard learned counsel for the parties on IA No.9229/2019, an
application for condonation of previous non-appearance of appellant
on 07/08/2019 before the registry of this Court.
Looking to the reasons assigned in the application, which is also
supported with the affidavit of appellant sufficient ground is made out
to condone the previous non-appearance of the appellant before the
Registry of this Court on 07/08/2019.
Accordingly IA No.9229/2019 is allowed and previous non-
appearance of appellant before the Registry this Court on 07/08/2019
is hereby condoned .
Appellant-Mohd. Ali is directed to mark his presence before
the Registry of this Court on 20/04/2020 and on all other subsequent
dates as may be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
196
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 6038/2017x
Indore dated :13/11/2019
Mrs. Nisha Tawar, learned counsel for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
As per office report, appellant No.2-Munim and appellant No.5-
Pyar Singh did not mark their presence before the Registry of this
Court on 05/08/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appellant
Nos.2 and 5 for securing their presence before the Registry of this
Court on 08/01/2020.
List on 08/01/2020.
(S.K. Awasthi)
skt Judge
197
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1152/2018x
Indore dated :13/11/2019
Shri Vismit Panot, learned counsel for the applicants. .
Heard on IA No. 8662/2019, an application filed under Section
482 of the Cr.P.C. by applicants, however, today none is present on
behalf of the respondent to opposed the application.
Learned counsel for the respondent is directed to file the reply
of IA No. 8662/2019 within two weeks.
List after two weeks for consideration of IA No. 8662/2019.
(S.K. Awasthi)
skt Judge
198
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.3174/2019x
Indore dated :13/11/2019
Shri V.K. Gangwal, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Applicant-Goverdhan is present in person. He is duly identified
by his counsel and his presence is marked.
Heard learned counsel for the parties on IA No.9259/2019, an
application for condonation of previous non-appearance of applicant
on 30/09/2019 before the registry of this Court.
Looking to the reasons assigned in the application, which is also
supported with the affidavit of applicant-Goverdhan sufficient ground
is made out to condone the previous non-appearance of the applicant
before the Registry of this Court on 30/09/2019.
Accordingly IA No. 9259/2019 is allowed and previous non-
appearance of applicant-Goverdhan before the Registry this Court on
30/09/2019 is hereby condoned .
Applicant-Goverdhan is directed to mark his presence before
the Registry of this Court on 27/04/2020 and on all other subsequent
dates as may be fixed by the Registry in this behalf.
(S.K. Awasthi)
skt Judge
199
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9001/2019x
Indore dated :13/11/2019
Shri Vinit Hardia, learned Public Prosecutor for the
appellant/State.
Shri L.B. Gour, learned counsel for the respondent.
Learned counsel for the respondent prays for new date of
appearance for the respondent so that he could furnish the bail bond
and surety bond in compliance of order dated 16/09/2019 passed by
this court in M.Cr.C. No. 43146/2018.
Prayer is allowed.
Respondent is directed to mark his presence before the Registry
of this Court on 30/11/2019 and on all other subsequent dates as may
be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
200
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9047/2019x
Indore dated :13/11/2019
Shri Vinit Hardia, learned Public Prosecutor for the
appellant/State.
Shri Subodh Choudhary, learned counsel for the respondent.
Respondent-Subhash Bhati is present in person. He is duly
identified by his counsel and his presence is marked.
Heard learned counsel for the parties on IA No.9136/2019, an
application for condonation of previous non-appearance of respondent
on 05/11/2019 before the registry of this Court.
Looking to the reasons assigned in the application, which is also
supported with the affidavit of respondent-Subhash Bhati sufficient
ground is made out to condone the previous non-appearance of the
respondent before the Registry of this Court on 05/11/2019.
Accordingly IA No.9136/2019 is allowed and previous non-
appearance of respondent before the Registry this Court on
05/11/2019 is hereby condoned .
Respondent-Subhash Bhati is directed to mark his presence
before the Registry of this Court on 20/04/2020 and on all other
subsequent dates as may be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
201
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.5496/2019x
Indore dated :13/11/2019
Shri Abhishek Gupta, learned counsel for the applicant.
Shri Vinod Thakur, learned counsel for the respondent.
This Court vide order dated 24/09/2019 directed for issuance of
bailable warrant against the respondent and in compliance of the
aforesaid warrant, respondent-Bablu S/o Narsingh was arrested by
the Police and today he was brought before this Court by constable
No. 3943-Pankesh Singh from Police-Station-Sanwer. His presence is
taken on record.
The respondent be sent back to the concerned jail under the
same escort under the appropriate warrant.
Heard on IA No. 9265/2019, an application filed under Section
390 of the Cr.P.C. moved on behalf of respondent for grant of bail.
From the perusal of the record, it appears that the respondent
was acquitted by Judicial Magistrate First Class, Sanwer, District-
Indore, vide judgment dated 06/01/2018 passed in Criminal Case No.
660/2013. Being aggrieved by the aforesaid judgment, the applicant
has preferred an application under Section 378(4) of the Cr.P.C. for
grant of leave to appeal against impugned judgment of acquittal,
which was allowed by this Court, vide order dated 21/06/2019 and
bailable warrant of Rs.30,000/-was directed to be issued against the
respondent for securing his presence before the Registry of this Court
on 17/09/2019. Even after service of bailable warrant, respondent did
not mark his presence before the Registry of this court on 17/09/2019,
therefore, non-bailable of arrest has been issued against him.
Looking to the fact that the respondent has already acquitted by
the trial Court and the present appeal is pending before this Court
against judgment of acquittal for adjudication, therefore, it would be
appropriate to release the respondent on bail. Accordingly, IA No.
202
9265/2019 is allowed and the respondent is directed to be released on
bail on his furnishing personal bond and surety bond of Rs.30,000/-
each with one surety in the like amount to the satisfaction of the
CJM/Trial Court for securing his presence before the Registry of this
Court on 19/03/2020 an on all other subsequent dates as may be fixed
by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
203
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.4965/2018x
(Vinod @ Chuha Vs. State of M.P.)
Indore, Dated:13/11/2019
Ms. Rajni Vajpayee, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.9036/2019,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf of the appellant-Vinod @
Chuha.
The appellant has been convicted and sentenced by Fifth
Additional Sessions Judge, Ujjain, vide judgment dated 30/06/2018
passed in S.T. No. No. 124/2018 as under:
Name Conviction Sentence Fine In lieu
of appellant amount
Vinod @ Under Section 354 of 4 years RI Rs.1,000/- Six months
the IPC read with RI
Chuha Section 7/8 of
Protection of Children
from Sexual Offences
Act, 2012.
Learned counsel for the appellant submitted that the allegation
against the appellant is that he caught hold the hands of the victim
with intend to outraged her modesty and he was convicted for
commission of offence punishable under Section 354 of the IPC
alongwith Section 7/8 of Protection of Children from Sexual Offences
Act, 2012. Short sentence of four years RI has been awarded to the
appellant by the trial Court and out of which, the appellant has already
suffered 1 years 7 months and 23 days RI and there is no possibility
of early conclusion of this appeal. If the remaining jail sentence of the
appellant is not suspended, then the present appeal filed by him may
turn infructuous. Under these circumstances, learned counsel for the
204
appellant prayed for suspension of remaining jail sentence and grant
of bail to the appellant.
On the other hand, learned Public Prosecutor for the
respondent/State opposed the prayer and prayed for rejection of the
application.
Considering the submissions made on behalf of the parties and
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellants.
Accordingly, I.A. No.9036/2019 is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellant-Vinod @ Chuha in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety in the like amount to the
satisfaction of the learned trial Court, for his regular appearance before
this Court, the execution of custodial part of the remaining sentence
imposed against the appellant shall remain suspended, till the final
disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence
before the Registry of this Court on 20/02/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
List the appeal for final hearing.
(S.K. Awasthi)
skt Judge
205
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9524/2018x
Indore dated :13/11/2019
Shri P.K. Lalwani, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.7552/2019
repeat (second) application filed under Section 389(1) of the
Cr.P.C. for suspension of custodial sentence and grant of bail
moved on behalf of appellant-Devkishan.
After arguing for some time, learned counsel for the
appellant seeks leave of this Court to withdraw IA No.7552/2019.
Prayer is allowed.
Accordingly, IA No. 7552/2019 is dismissed as withdrawn.
List for final hearing in due course.
(S. K. Awasthi)
Judge
skt
206
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 9413/2018x
Indore dated :13/11/2019
Parties through their counsel.
Shri A.K. Saxena prays for and is granted one week's time to
file Vakalatnama on behalf of the appellant.
List in the week commencing 25/11/2019.
(S.K. Awasthi)
Judge
skt
207
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 6189/2019x
Indore dated :13/11/2019
Parties through their counsel.
As per Office report, service report of notice issued against
respondent No.2 is still awaited.
Office is directed to collect the service report and list the
matter after two weeks alongwith service report.
(S.K. Awasthi)
Judge
skt
208
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 8609/2019x
Indore dated :13/11/2019
Parties through their counsel.
Learned counsel for the appellant prays for and is granted
two weeks time to argue the matter on IA No. 9029/2019, first
application filed under Section 389(1) of the Cr.P.C. for
suspension of custodial sentence and grant of bail moved on
behalf of appellant-Usman Gani.
List in the week commencing 02/12/2019.
(S.K. Awasthi)
Judge
skt
209
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9478/2019x
(Vinod & Ors. Vs. State of M.P.)
Indore, Dated:13/11/2019
Shri P.N. Saxena, learned counsel for the appellants.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.8978/2019,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf of the appellants-Vinod
Khati and Murarilal Khati.
The appellants have been convicted and sentenced by First
Additional Sessions Judge, Dewas, vide judgment dated 18/10/2019
passed in S.T. No. No. 354/2015 as under:
Name Conviction Sentence Fine In lieu
of appellant amount
Vinod and Under Section 325/34 3 years RI Rs.2,000/- Three
of the IPC (on two months RI
Murarilal counts)
Under Section 323/34 3 years RI Rs.2,000/- Three
of the IPC (on three months RI
counts)
Learned counsel for the appellants has submitted that after
conviction, jail sentence of the appellants was suspended by the trial
Court itself upto 18/11/2019. It is further submitted that there are fair
chances of success in the appeal and there is no possibility of early
conclusion of this appeal. If the remaining jail sentence of the
appellants is not suspended, then the present appeal filed by the
appellants may turn infructuous. Under these circumstances, looking
to the short sentence imposed on appellants, learned counsel for the
appellants prayed for suspension of remaining jail sentence and grant
of bail to the appellants.
210
On the other hand, learned Public Prosecutor for the
respondent/State opposed the prayer and prayed for rejection of the
application.
Considering the submissions made on behalf of the parties and
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellants.
Accordingly, I.A. No.8978/2019 is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellants-Vinod and Murarilal in the sum of Rs.50,000/- (Rupees
Fifty Thousand only)each with one separate solvent surety in the like
amount to the satisfaction of the learned trial Court, for their regular
appearance before this Court, the execution of custodial part of the
remaining sentence imposed against the appellants shall remain
suspended, till the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their
presence before the Registry of this Court on 20/02/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
(S.K. Awasthi)
skt Judge
211
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 45277/2019x
Indore dated :13/11/2019
Ms. Khushboo Sharma, learned counsel for the applicant.
Learned counsel for the applicant prays for and is granted
six weeks' time to argue the matter.
List after six weeks.
(S.K. Awasthi)
Judge
skt
212
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C.No.45974/2019x
Indore dated:13/11/2019
Shri Nipun Choudhary, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for
the respondent/State.
This petition under Section 482 of Cr.P.C. has filed for
restoration of M.Cr.C. No. 43687/2019, which was dismissed by
this Court , vide order dated 31/10/2019 for want of prosecution.
Looking to the reasons mentioned in the application,
sufficient ground is made out to restore M.Cr.C. No. 43687/2019
to its original number. Accordingly, this petition filed under
Section 482 of the Cr.P.C. is allowed and subject to depositing
cost of Rs.1,000/- in Legal Aid Service Committee, Indore
within 15 days from today, M.Cr.C. No. 43687/219 be restored to
its original number.
With the aforesaid, this petition stands disposed of.
A copy of this order be placed in the record of M.Cr.C. No.
43687/2019.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
213
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46545/2019x
Indore dated :13/11/2019
Parties through their counsel.
Learned Public Prosecutor for the respondent/State prays for
and is granted three weeks time to seek instruction from the
concerned SHO, Police-Station-Banganga, Indore that whether the
applicant has been arrested by the police or not in connection with
Crime No. 354/2014 registered against the applicant at Police-
Station-Banganga, Indore for commission of offence punishable
under Section 420/34 of the IPC alongwith Section 292(c) of M.P.
Municipal Corporation Act, 1956 and so also to produce the case-
diary.
List after three weeks.
(S.K. Awasthi)
Judge
skt
214
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 26010/2019x
Indore dated :13/11/2019
Parties through their counsel.
List alongwith M.Cr.C. No. 46581/2019.
(S.K. Awasthi)
Judge
skt
215
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46581/2019x
Indore dated :13/11/2019
Shri Rishi Tiwari, learned counsel for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent No.1/State.
Learned counsel for the applicant prays for and is granted
two working days time to move an appropriate application for
impleading the complainant as respondent No.2 in the petition.
List thereafter.
(S.K. Awasthi)
Judge
skt
216
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46685/2019x
Indore dated :13/11/2019
Shri Akhil Godha, learned counsel for the applicant.
Let record of the trial court be called for.
List immediately after received of the record of trial Court,
on the question of admission.
(S.K. Awasthi)
Judge
skt
217
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9588/2019x
Indore dated :13/11/2019
Shri Jitendra Sharma, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Let record of the trial Court be called for.
List the appeal for final hearing in due course.
(S.K. Awasthi)
Judge
skt
218
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 6550/2018x
Indore dated :13/11/2019
Shri Vishal Pawar, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Record of the trial Court has already been received.
List the appeal for final hearing in due course.
(S.K. Awasthi)
Judge
skt
219
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 113/2019x
Indore dated :13/11/2019
None for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
From the perusal of the judgment and grounds raised by the
appellant in the appeal, the present appeal seems to be arguable,
hence, admitted for final hearing.
Record of the trial Court has already been received.
List the appeal for final hearing in due course.
(S.K. Awasthi)
Judge
skt
220
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 7424/2019x
Indore dated :13/11/2019
Shri Rakesh Solanki, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Learned counsel for the appellant further prays for and is
granted three weeks time to obtained the correct address of the
complainant and moved an application for impleading the
complainant as respondent No.2 in the petition.
List after three weeks.
(S.K. Awasthi)
Judge
skt
221
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 20730/2019x
Indore dated :13/11/2019
None for the applicant.
Record of the trial court is received.
In absence of the learned counsel for the applicant, the case
is adjourned.
List after four weeks.
(S.K. Awasthi)
Judge
skt
222
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1260/2017x
Indore dated :11/11/2019
Parties through their counsel.
Learned counsel for the respondent prays for and is granted
four weeks' time to file the certified copy of the judgment passed
by the Civil Court in civil suit preferred by the respondent so also
to file the certified copy of the appeal memo preferred by him.
List after four weeks.
(S.K. Awasthi)
Judge
sk
223
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44021/2019x
Indore dated : 11/11/2019
Shri Himanshu Thakur, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent /State.
Heard. Case diary perused.
This is first application under Section 438, Cr.P.C. applicant
is apprehending his arrest in connection with Crime No.539/2019
registered at Police-Station-City Kotwali, District-Mandsaur, for
the offence punishable under Section 363, 366, 376(2)(n) and 506
of the IPC alongwith Section 5(L)/6 of Protection of Children
from Sexual Offences Act, 2012.
After arguing for some time, learned counsel for the
applicant seeks permission of this Court to withdraw this
application filed under Section 438 of the Cr.P.C. with liberty to
surrender the applicant before the trial Court/competent Court and
moved an appropriate application for regular bail.
Prayer is allowed.
Accordingly, present application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
224
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.42275/2019x
Indore dated :11/11/2019
Shri Ashish Gupta, learned counsel for the applicant.
Shri V.J. Hardia, learned Public Prosecutor for the
respondent/State.
Heard.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this petition filed under Section 482 of the Cr.P.C.
Prayer is allowed.
Accordingly, the present petition filed under Section 482 of
the Cr.P.C. is dismissed as withdrawn.
(S.K. Awasthi)
Judge
skt
225
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 8962/2019x
Indore dated :11/11/2019
Parties through their counsel.
Learned counsel for the respondents further prays for and is
granted one weeks time to argue the matter on the question of
admission.
List in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
sk
226
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1276/2019x
(Sureshchandra Sharma Vs. State of M.P.)
Indore, Dated:11/11/2019
Shri P.M. Bhargava, learned counsel for the appellant.
Shri R.S. Raghuvanshi, learned Public Prosecutor for the
respondent/SPE.
Heard learned counsel for the parties on IA No.8491/2019,
repeat (third) application under Section 389(1) of the Code of
Procedure for suspension of jail sentence moved on behalf of the
appellant-Sureshchandra Sharma.
The appellant has been convicted and sentenced by Special
Judge (Prevention of Corruption Act, 1988), Indore, vide judgment
dated 31/01/2019 passed in S.T. No. Special Case No. 1/2017 as
under:
Name Conviction Sentence Fine In lieu
of appellant amount
Sureshchandra Under Section 7 of the 3 years RI Rs.200/- One month
Prevention of RI
Sharma Corruption Act, 1988
Under Section 13(1) 4 years RI Rs.300/- Two months
(D) read with Section RI
13(2) of the Prevention
of Corruption Act,
1988.
Learned counsel for the appellant submitted that the appellant
was on bail during the trial and he did not misuse the liberty so
granted to him. The appellant is in custody since 31/01/2019. It is also
submitted that earlier application of appellant filed under Section
389(1) of the Cr.P.C. for suspension of custodial sentence has been
dismissed by this court, vide order dated 03/04/2019 observing that if
after sometime, if it is found that the appeal cannot be decided in near
future, then appellant is free to file fresh suspension application. After
227
rejection of that application, the present appeal is admitted for final
hearing by this court, vide order dated 12/04/2019. The appellant has
already suffered more than 9 months of the custodial sentence
awarded to him by the trial Court. Short sentence of four years is
involved in the present matter and there is no likelihood of hearing of
the appeal in near future. If the remaining custodial sentence of the
appellant is not suspended then appeal filed by him may turn
infructuous. The appellant is ready to deposit the fine amount. Under
these circumstances, he prays for suspension of jail sentence and for
grant of bail to the appellant.
On the other hand, learned counsel for the respondent/SPE for
the respondent opposed the prayer and prayed for rejection of the
application.
Considering the submissions made on behalf of the parties and
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellant.
Accordingly, I.A. No.8491/2019 is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellant-Sureshchandra Sharma in the sum of Rs.75,000/- (Rupees
Seventy Five Thousand only) with one solvent surety in the like
amount to the satisfaction of the learned trial Court, for his regular
appearance before this Court, the execution of custodial part of the
remaining sentence imposed against the appellant shall remain
suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence
before the Registry of this Court on 05/02/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
228
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.3514/2019x
(Sanu Bamniya Vs. State of M.P.)
Indore, Dated:11/11/2019
Shri Ramesh Chandra Verma, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.6709/2019,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf of the appellant-Sanu
Bamniya.
The appellant has been convicted and sentenced by Third
Additional Sessions Judge, Dhar vide judgment dated 10/01/2019
passed in S.T. No. 1300187/2015 as under:
Name Conviction Sentence Fine In lieu
of appellants amount
Sanu Under Section 307/34 of 10 years RI Rs.2,000/- One years
the IPC. RI
Bamniya
Learned counsel for the appellant submits that the appellant was
on bail during the trial and he did not misuse the liberty so granted to
him. It is also submitted that complainant-Anil Bhuriya ( PW 1) in his
cross-examination accepted that the appellant gave him a falia blow
from behind and due to the darkness at the place of occurrence, he
could not see the face of assailant, however, the trial court without
properly appreciating the evidence available on record wrongly
convicted the appellant for the aforesaid offence. The appellant is in
custody since 10/01/2019. There are fair chances of success of this
appeal and there is no likelihood of hearing of the appeal in near
future. If the remaining custodial sentence of the appellant is not
suspended then appeal filed by him may turn infructuous. The
229
appellant is ready to deposit the fine amount. Under these
circumstances, he prays for suspension of jail sentence and for grant
of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent
opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellant.
Accordingly, I.A. No.6709/2019 is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellant-Sanu Bamniya in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety in the like amount to the
satisfaction of the learned trial Court, for his regular appearance before
this Court, the execution of custodial part of the remaining sentence
imposed against the appellant shall remain suspended, till the final
disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence
before the Registry of this Court on 05/02/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
230
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.9418/2019x
(Ajay & Ors. Vs. State of M.P.)
Indore, Dated:11/11/2019
Shri R.S. Bais, learned counsel for the appellants.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.8922/2019,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf of the appellants-Ajay,
Sitaram, Rajaram, Revabai and Gitabai Solanki.
The appellants have been convicted and sentenced by Second
Additional Sessions Judge, Barwani vide judgment dated 14/10/2019
passed in S.T. No. 105/2017 as under:
Name Conviction Sentence Fine In lieu
of appellants amount
Ajay, Under Section 323/34 of 6 months RI Rs.1,000/- One months
the IPC (on two counts) RI
Sitaram,
Rajaram,
Revabai Under Section 323/34 of 3 months RI Rs. 500/- 15 days RI
the IPC.
and
Geetabai
Learned counsel for the appellants submits that the appellants
were on bail during trial and they did not misuse the liberty granted to
them. The custodial sentence of appellants has already been
suspended by the trial Court till 13/11/2019. There are fair chances of
success of this appeal and there is no likelihood of hearing of the
appeal in near future. If the remaining custodial sentence of the
appellants is not suspended then appeal filed by them may turn
infructuous. The appellants are ready to deposit the fine amount.
231
Under these circumstances, he prays for suspension of jail sentence
and for grant of bail to the appellants.
On the other hand, learned Public Prosecutor for the respondent
opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and
facts and circumstances of the case, it would be appropriate to suspend
the jail sentence of the appellants.
Accordingly, I.A. No.8922/2019 is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by
appellants-Ajay, Sitaram, Rajaram, Revabai and Gitabai Solanki in
the sum of Rs.50,000/- (Rupees Fifty Thousand only)each with one
separate solvent surety in the like amount to the satisfaction of the
learned trial Court, for their regular appearance before this Court, the
execution of custodial part of the remaining sentence imposed against
the appellants shall remain suspended, till the final disposal of this
appeal.
The appellants, after being enlarged on bail, shall mark their
presence before the Registry of this Court on 29/01/2020 and on all such
subsequent dates, which are fixed in this regard by the registry.
Record of the trial Court be called for.
List immediately after receipt of the record on the question of
admission.
(S.K. Awasthi)
skt Judge
232
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 9346/2019x
Indore dated : 11/11/2019
Shri A.K. Saxena, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent /State.
Heard. Case diary perused.
The appellant has preferred this appeal under Section 14(A)
(2) of the SC/ST (PA) Act, 1989 for grant of anticipatory bail in
connection with Crime No.502/2019, registered at Police Station-
Narsinghgarh, District-Rajgarh, concerning offences under
Sections 294, 323 and 506 of the IPC alongwith Sections 3(1)(r)
(s) and 3(2)(v)(a) of SC/ST(PA) Act, 1989 .
After arguing for some time, learned counsel for the
appellant seeks permission of this Court to withdraw this appeal
filed under Section 14(A)(2) of the SC/ST(PA) Act, 1989 with
liberty to surrender the appellant before the trial Court/competent
Court and moved an appropriate application for regular bail.
Prayer is allowed.
Accordingly, present appeal 14(A)(2) of the SC/ST(PA)
Act, 1989 is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
233
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 9490/2019x
Indore dated :11/11/2019
Parties through their counsel.
Case-diary is not available.
Learned Public Prosecutor is directed to produce the case-
diary so also to comply with the provision of Section 15(A)(III) of
SC/ST(PA) Act, 1989 by next date of hearing positively.
List in the next week.
(S.K. Awasthi)
Judge
sk
234
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 45175/2019x
Indore dated :11/11/2019
Parties through their counsel.
Learned counsel for the applicant prays for and is granted
one weeks time to cure the defects pointed out by the Office.
List in the next week.
(S.K. Awasthi)
Judge
sk
235
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 45987/2019x
Indore dated :11/11/2019
Parties through their counsel.
Learned counsel for the applicant submitted that he has
already cured the defect pointed out by the Office.
Office is directed to verify the same and list accordingly.
(S.K. Awasthi)
Judge
skt
236
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44039/2019
Indore dated :11/11/2019
Shri Tanuj Dixit, learned counsel for the applicant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is repeat (fourth) application under Section 439, Cr.P.C
for grant of bail in connection with Crime No.536/2019,
registered at Police Station-Banganga, District-Indore concerning
offence under Section 420 of the IPC alongwith Sections 292(C)
and 295(D) of M.P. Municipal Corporation Act, 1956.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
237
THE HIGH COURT OF MADHYA PRADESH
Cr.R. Nos. 5186/2019 & 5187/2019x
Indore dated :11/11/2019
Parties through their counsel.
Let record of the courts' below be called for .
List immediately after received of the record for
consideration of IA Nos. 8664/2019 and 8667/2019, applications
filed under Section 397(1) of the Cr.P.C. for suspension of
custodial sentence moved on behalf of appellant-Mohd. Usman.
(S.K. Awasthi)
Judge
sk
238
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1691/2014x
Indore dated :11/11/2019
Shri Arpit Kumar Oswal, learned counsel for the appellant.
Mrs. Sangita Choudhary, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.8456/2019,
repeat (fourth) application filed under Section 389(1) of the
Cr.P.C. for suspension of custodial sentence and grant of bail
moved on behalf of appellant-Rakesh Sen.
After arguing for some time, learned counsel for the
appellant seeks leave of this Court to withdraw IA No.8456/2019.
Prayer is allowed.
Accordingly, IA No.8456/2019 is dismissed as withdrawn.
List the appeal for final hearing in due course.
(S. K. Awasthi)
Judge
skt
239
THE HIGH COURT OF MADHYA PRADESH
Cr.A. Nos. 1293/2019 & 1411/2019x
Indore dated :11/11/2019
Parties through their counsel.
List alongwith Cr.A. No. 3514/2019.
(S.K. Awasthi)
Judge
sk
240
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.43107/2019x
Indore dated :08/11/2019
Shri Sanjeev Pandey, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Shri Vikas Jaiswal, learned counsel for the
complainant/Objector.
Heard. Case diary perused.
This is repeat (fifth) application under Section 439, Cr.P.C
for grant of bail in connection with Crime No.1050/2017,
registered at Police Station-Chimanganj Mandi, District-Ujjain
concerning offence under Sections 302, 147, 148, 149, 294 and
307 of the IPC.
As per the prosecution story, on 22/10/2017 at about 9:00
p.m., Rahul @ Nikki and Rahul Dayma were returning to their
house on a motorcycle after having dinner at house of Rahul
Dyma's sister Bhoori. When they reached near the house of co-
accused-Prakash Goud, Prakash alongwith his father Vikram
Singh, brothers Dilip and Jitendra, his friends Bali @ Balkishan
and the present applicant armed with sticks and fire arms, stopped
them and started assaulting them, due to which Rahul @ Nikki
sustained serious injuries and Rahul Dyama succumbed on the
spot.
Learned counsel for the applicant submitted that the
applicant is innocent and he has not committed any offence.. The
applicant is in custody since 31/10/2017. The prosecution
evidence started on 31/05/2018 and as on date 16 prosecution
witness have been examined before the trial court. The trial is
241
progressing very slowly and is likely to a lot of time in its
conclusion. After rejection of earlier bail applications of the
applicant on merits, applicant received the information under the
RTI Act from RMO CH, Ujjain clarifies that no MLC record of
Rahul Dayma exists in the CH Ujjain on 22/10/2017, which
means that he was not brought to CH Ujjain dead or alive on
22/10/2017 i.e. upto intervening midnight of 22/10/2017 and
23/10/2017, therefore, inspection of the dead body conducted by
SI-Kamlesh Gaud on 22/10/2017 at about 22:30 hrs at Ujjain
appears to be suspicious. According to the news paper report
appearing the day next to the incident the statement of Thana
Incharge of Police-Station-Chimanganjmandi, Ujjain made on
previous night that co-accused-Praksh Gaund was in police
custody with pistol, however, as per Investigation Officer, Prakash
Gaud was caught on 23/10/2017 near the railway station Ujjain
and brought to Police-Station-Chimanganjmandi, Ujjain at 17:09
hrs and arrested at 17:15 hrs., which again obviously a false story
because as per Investigation Officer himself the hand swab of
Prakash Gaud was taken at 16:40 hrs on 23/10/2017 at the Police-
Station in the presence of Dr. Priti Gaikwad of FSL, which clearly
indicates that the applicant has falsely been implicated in the
present crime. Under these change of circumstances, learned
counsel for the applicant prays for grant of bail to the applicant.
On the other hand, learned Public Prosecutor as well as
learned counsel for the complainant/objector opposed the
application by contending that earlier two applications of the
applicant has already been rejected by this Court on merits and
after rejection of these applications, there appears to be no change
242
of circumstances, in which this repeat application can be
considered. Under these circumstances, they prayed for rejection
of the application.
After considering the arguments advanced by the learned
counsel for the parties and looking to the fact that at the time of
deciding bail application, detail appreciation of evidence is not
permissible, in the considered opinion of this Court no case is
made out for grant of bail to the applicant. Accordingly, this bail
application is dismissed.
(S.K. Awasthi)
Judge
skt
243
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.40519/2019x
Indore dated :08/11/2019
Ms. Rekha Shrivastava, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is repeat (third) application under Section 439, Cr.P.C
for grant of bail in connection with Crime No.120/2017,
registered at Police Station-Simrol, District-Indore concerning
offence under Sections 376 and 376(2)(n) of the IPC.
As per the prosecution case, the applicant took the
prosecutrix on the pretext of providing employment and
thereafter, committed rape upon her.
Learned counsel for the applicant submitted that the
applicant is innocent and he has falsely been implicated in the
present crime. The prosecutrix is a major lady aged about 21 years
and from her court statement, it appears that she was the
consenting party. The applicant is in custody since 08/04/2017 and
the conclusion of trial will take sufficient long time. Under these
circumstances, learned counsel for the applicant prays for grant of
bail to the applicant.
On the other hand, learned Public Prosecutor opposed the
application by contending that the applicant took the prosecutrix
on the pretext of providing employment, therefore, she had gone
with the applicant and thereafter, he committed rape upon her,
hence, it cannot be said that the prosecutrix was the consenting
party. It is also submitted that at the time of deciding bail
application, detail appreciation of the statement of the prosecution
244
witnesses is not permissible. Under these circumstances, he prays
for rejection of the application.
After considering the arguments advanced by the learned
counsel for the parties coupled with allegation made by the
prosecutrix against the applicant in her court statement and
looking to the facts and circumstances of the case, in the
considered opinion of this Court no case is made out for grant of
bail to the applicant. Accordingly, this bail application is
dismissed.
(S.K. Awasthi)
Judge
skt
245
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1321/2017x
Indore dated :08/11/2019
None for the appellant.
Shri Harish Pawar, learned counsel for the respondent.
Respondent-Chandrashekhar S/o Mohan Kushwaha is present in
person. He is duly identified by his counsel and his presence is
marked.
Heard learned counsel for the respondent on IA No.8749/2019,
an application for condonation of previous non-appearance of
respondent on 02/11/2017 before the registry of this Court and
recalling of non-bailable warrant issued against him by this Court,
vide order dated 13/05/2019.
Looking to the reasons assigned in the application, which is also
supported with the affidavit of respondent-Chandrashekhar Kushwaha
sufficient ground is made out to condone the previous non-appearance
of the respondent before the Registry of this Court on 02/11/2017.
Accordingly IA No.8749/2019 is allowed and previous non-
appearance of respondent before the Registry this Court on
02/11/2019 is condoned and non-bailable warrant issued against him
vide order dated 13/05/2019 is hereby recalled.
Respondent-Chandrashekhar is directed to mark his presence
before the Registry of this Court on 05/02/2020 and on all other
subsequent dates as may be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
246
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. Nos. 5772/2018, 6918/2017 & 8447/2017x
Indore dated :08/11/2019
Parties through their counsel.
Learned counsel for the parties submits that the parties have
entered into compromise and they have moved an application for
compromise in this regard, which are required to be verified by
the Principal Registrar of this Court.
Parties are directed to appear before the Principal Registrar
of this Court on 28/11/2019 at about 11:30 a.m. for verification of
the compromise.
(S.K. Awasthi)
Judge
skt
247
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44134/2019x
Indore dated :08/11/2019
Parties through their counsel.
Learned Public Prosecutor is directed to call for the
complete case-diary by next date of hearing positively.
List in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
248
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1478/2015x
Indore dated :08/11/2019
Shri O.P. Solanki, learned counsel for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No. 9111/2019, an
application filed under Section 482 of the Cr.P.C. for correction in order
dated passed by this Court on 04/11/2019.
Learned counsel for the appellant submits that the appellant
moved IA No. 8379/2019, an application filed under Section 389(1) of
the Cr.P.C. for temporary suspension of custodial sentence on the ground
of marriage of appellant's daughter and the same was allowed by this
Court vide order dated 04/11/2019 and the appellant was directed to be
released on temporary bail for a period of 15 days from 10/11/2019 to
24/11/2019, however, due to typographical error it is mentioned in the
impugned order as from 10/11/2015 to 24/11/2019. Under these
circumstances, learned counsel for the applicant prays for aforesaid
corrections in the order dated 04/11/2019 passed by this Court.
Learned Public Prosecutor opposes the prayer.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid facts and circumstances of the case, IA
No. 9111/2019 is allowed and accordingly, order dated 04/11/2019 is
modified and in the aforesaid order the period for temporary suspension
shall be read as 10/11/2019 to 24/11/2019 in place of 10/11/2015 to
24/11/2019.
This order shall be read co-jointly with order dated 04/11/2019
passed by this Court.
Certified copy, as per rules.
(S. K. Awasthi)
skt Judge
249
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44239/2019x
Indore dated :08/11/2019
Mrs. Shraddha Dixit, learned counsel for the applicant.
Shri Manish Verma, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.167/2019, registered at
Police Station-Jhabua, District-Jhabua concerning offence under
Section 34(2) of the M.P Excise Act.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to moved an application
under Section 437(6) of the Cr.P.C. before the trial Court at an
appropriate stage.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
250
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44277/2019x
Indore dated :08/11/2019
Shri Sanjay Kumar Sharma, learned counsel for the
applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.82/2019, registered at Police
Station-Daloda, District-Mandsaur concerning offence under
Section 34(2) of the M.P. Excise Act, 1915 alongwith Sections 25
and 27 of the Arms Act.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
251
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.3704/2019x
Indore dated :08/11/2019
Shri A.S. Sisodia, learned counsel for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Appellant-Mukesh S/o Shobharam is present in person. He is
duly identified by his counsel and his presence is marked.
Heard learned counsel for the parties on IA No.9128/2019, an
application for condonation of previous non-appearance of appellant
on 18/09/2019 before the registry of this Court.
Learned counsel for the appellant submits that on 18/09/2019,
the appellant was in jail, therefore, he could not mark his presence
before the Registry of this Court on the aforesaid date.
Looking to the reasons assigned in the application, sufficient
ground is made out to condone the previous non-appearance of the
appellant before the Registry of this Court on 18/09/2019.
Accordingly IA No.9128/2019 is allowed and previous non-
appearance of appellant before the Registry this Court on 18/09/2019
is hereby condoned .
Appellant-Mukesh is directed to mark his presence before the
Registry of this Court on 28/01/2020 and on all other subsequent
dates as may be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
252
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 5021/2019x
Indore dated :08/11/2019
Parties through their counsel.
Learned counsel for the parties submits that the parties have
entered into compromise and they have moved IA Nos. 8741/2019
and 8742/2019, which are required to be verified by the Principal
Registrar.
Parties are directed to appear before the Principal Registrar
of this Court on 26/11/2019 at about 11:30 a.m. for verification of
the compromise.
(S.K. Awasthi)
Judge
skt
253
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6832/2019x
Indore dated :08/11/2019
Ms. Rekha Shrivastava, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent /State.
Shri Devdeep Singh, learned counsel for the
complainant/objector.
Heard. Case diary perused.
The appellant has preferred this repeat (second) appeal under
Section 14(A)(2) of the SC/ST (PA) Act, 1989 for grant of bail in
connection with Crime No.4856/2016, registered at Police
Station-Industrial Area, District-Ratlam concerning offences
under Sections 302, 307, 294, 120(B), 212/34 of the IPC and
alongwith Section 3(2)(v) of SC/ST(PA) Act, 1989 .
From the perusal of the record, it appears that earlier
appellant filed by the appellant under Section 14(A)(2) of the
SC/ST(PA) Act, 1989 has already been decided by this Court on
merits, vide order dated 06/05/2019 passed in Criminal Appeal
No. 3393/2019 and after rejection of the earlier appeal, there
appears to be no change of circumstances, in which this repeat
appeal can be considered. Accordingly, the present appeal is
dismissed.
(S.K. Awasthi)
Judge
skt
254
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44661/2019x
Indore dated :8/11/2019
Shri P.M. Bhargava, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Shri Durgesh Sharma, learned counsel for the
complainant/objector.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.298/2019, registered at
Police Station-Sanawad, District-Khargone concerning offence
under Sections 306 and 201 of the IPC.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
255
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44463/2019x
Indore dated :8/11/2019
Shri R.R. Bhatnagar, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.150/2019, registered at
Police Station-Taal, District-Ratlam concerning offence under
Sections 366, 376(d), 370, 344 and 506/34 of the IPC.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
256
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 44604/2019x
Indore dated :08/11/2019
Shri S.K.Vyas, learned Senior Counsel for the applicant
alongwith Shri M.L. Patidar, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Learned Public Prosecutor is directed to call the criminal
antecedents of the applicant, if any.
List on 14/11/2019.
(S.K. Awasthi)
Judge
skt
257
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46529/2019x
Indore dated :08/11/2019
Parties through their counsel.
Case-diary is available.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
258
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46311/2019x
Indore dated :08/11/2019
Parties through their counsel.
Case-diary is available.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
259
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 45470/2019x
Indore dated :08/11/2019
Parties through their counsel.
Case-diary is available.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
260
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 44033/2019x
Indore dated :08/11/2019
Parties through their counsel.
Case-diary is not available.
Learned Public Prosecutor for and is granted one weeks time
to produce the case-diary.
List in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
261
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 44879/2019x
Indore dated :08/11/2019
Parties through their counsel.
Case-diary is available.
Learned counsel for the applicant prays for and is granted
time to argue the matter.
List in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
262
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 45651/2019x
Indore dated :08/11/2019
Parties through their counsel.
Case-diary is available.
Learned counsel for the applicant prays for and is granted
three working days time to moved an application for amendment
in the cause title of the bail application.
List in the next week.
(S.K. Awasthi)
Judge
skt
263
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 45901/2019x
Indore dated :08/11/2019
Parties through their counsel.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one
weeks time to produce the case-diary.
List in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
264
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46098/2019x
Indore dated :08/11/2019
Shri A.K. Saxena, learned counsel for the applicant.
Shri Nilesh Patel, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.444/2019, registered at
Police Station-Khudel, District-Indore concerning offence under
Section 34(2) of the M.P. Excise Act, 1915.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his after filing of
the charge-sheet.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
265
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46138/2019x
Indore dated :08/11/2019
Shri Ashish Gupta, learned counsel for the applicant.
Shri Nilesh Patel, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant
of bail in connection with Crime No.256/2019, registered at
Police Station-Maheshwar, District-Khargone concerning offence
under Sections 376, 376(d) and 506 of the IPC.
After arguing at length on the merit of the case, learned
counsel for the applicant seeks permission of this Court to
withdraw this application with liberty to renew his prayer after
recording the court statement of the prosecutrix .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn
with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
266
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46146/2019x
Indore dated :08/11/2019
Shri N.J. Dave, learned counsel for the applicant.
Shri Nilesh Patel, learned Public Prosecutor for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one
weeks time to produce the case-diary.
List the matter in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
267
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 46147/2019x
Indore dated :08/11/2019
Parties through their counsel.
Learned counsel for the applicant submits that the arguing
counsel is not available today to argue the matter, hence, he prays
for adjournment.
Prayer is allowed.
List the matter in the week commencing 18/11/2019.
(S.K. Awasthi)
Judge
skt
268
THE HIGH COURT OF MADHYA PRADESH:BENCH AT INDORE
Election Petition No. 11/2019
Shri Vinay Saraf, learned Senior counsel alongwith Shri
Vikas Kumar Soni, learned counsel for the petitioner.
Shri Anand Mohan Mathur, learned Senior counsel with
Shri Vaibhav Asawa, learned counsel for the respondent No.1.
Shri K.P. Pande, learned counsel for the respondent No.4.
None appears for other respondents.
ORDER
(Passed on 13 /11/2019) This order shall govern the disposal of IA No. 4358/2019, an application filed under Order 7 Rule 11 of Civil Procedure Code, 1908 (in short 'CPC') filed on behalf of respondent No.1.
2. The application in summary narrates that the election petition filed by the petitioner suffers from multiple deficiencies, which are sufficient for rejection of the same. Learned Senior counsel for the respondent No.1 submits that the foundation of election petition is alleged on the basis of incomplete information, which is necessary to be furnished in the form No.26 of Section 4A of the Conduct of Election Rules, 1961. However, the petitioner did not furnish the same. In this regard, he further submits that the controversy has been put to rest in an enquiry conducted by the Returning Officer and since this issue stands concluded. It shall be traversity of justice and wastage of quality judicial time, if the respondent No.1 is made to stand trial on this issue.
3. The next contention of the learned Senior counsel for the respondent No. 1 is that, the petitioner in his election petition has incorrectly alleged that, the respondent No.1 did not furnish 269 accurate details of his criminal antecedents as mandated by the Election Rules. However, while raising such plea, the petitioner admitted to the fact that the pending criminal case against the respondent No.1 has been quashed by this Court in exercise of power under Section 482 of the Cr.P.C., vide order dated 19/07/2018 passed in M.Cr.C. No. 5318/2018. Thus, he submits that in view of quashing of criminal case, there was no misrepresentation about the pendency of the criminal case.
4. Lastly, it has been contended by the learned Senior counsel for the respondent No.1 that the remaining pleadings of the election petition, so far as they relate to commission of corrupt practice by the respondent No.1 during the course of election campaign, when the moral code of conduct was in effect, the same are not in conformity to Section 83 of the Representation of Peoples Act, 1951 (in short 'RP Act'), as the same lack material particulars about the date, the time and the place, where such corrupt practice happened. Consequently, he submits that the application filed under Order 7 Rule 11 of the CPC deserves to be allowed and the election petition be dismissed.
5. On the contrary, learned Senior counsel for the petitioner sought rejection of the said application filed under Order 7 Rule 11 of the CPC and raised preliminary objection that IA No. 4358/2019 is shown to be notarised on 17/06/2019; whereas the same appears to be drawn/dated on 24/06/2019, which reflects that, the contents of the application were not perused. This anomaly, tantamount to contempt of Court as respondent No.1 made false statement on oath so far as the contents of the affidavit is concocted.
2706. Further learned Senior counsel for the petitioner submits that plea of deficient form No. 26 is required to be adjudicated upon and the same has not attained finality as attempted to be presented by the learned Senior counsel for the respondent No.1. He also submits that the decision of the Returning Officer, which is sought to be relied upon by the respondent No.1 was subject matter of challenge before this Court in WP No. 26998/2018. However, the said writ petition resulted into dismissal with liberty to the petitioner to raise all the contentions in the election petition, if the need so arises. Thus, the contention of the learned Senior counsel for the respondent No.1 is deserves to be repelled.
7. With respect to the objection about the deficient pleadings, learned Senior counsel for the petitioner submits that such objection has been raised without appreciating the election petition as a whole. While addressing the Court, learned Senior counsel for the petitioner drew attention of this Court to the narrations made in the election petition to specify that all complete particulars are mentioned therein. On the basis of above, learned Senior counsel for the petitioner prayed for rejection of IA No. 4358/2019 filed by the respondent No.1 under Order 7 Rule 11 of the CPC.
8. No other point has been pressed during the course of hearing by the respective Senior counsels for the parties.
9. Having perused the record and respective contentions canvassed by learned Senior counsels for the parties, this Court is of the considered opinion that IA No. 4358/2019 filed under Order 7 Rule 11 of the CPC deserves to be dismissed.
10. The primary submission of the respondent No.1 that no 271 further enquiry into the allegation of non disclosure of material information in the form No. 26 is necessary due to the exhaustive enqurity report of the Returning Officer, has no merit because the findings of the enquiry report can be subjected to challenge in the instant election petition and the veracity of the said enquiry report can be looked into for believing or disbelieving the findings recorded therein. The exercise can only be carried out after recording of evidence in the instant case, further, the consequences of such exercise will also be determined at the stage of final hearing. It is worthy of observation that this Court while deciding an interlocutory application at the preliminary stage cannot venture into presumption about correctness of the enquriry report. In this context, reference to the decision of this Court vide order dated 22/11/2018 passed in WP No. 26998/2018 (Indore Bench) will fortified the observations made herein, as a liberty to raise all contentions in the election petition was extended by this Court to the petitioner.
11. The second contention of the respondent No.1, that the petitioner has made wrong allegation regarding the existence of criminal antecedents of the respondent No.1 in the election petition because the criminal proceedings pending against the respondent No.1 were quashed by this Court in exercise of power under Section 482 of the Cr.P.C., vide order dated 19/07/2018 passed in M.Cr.C. No. 5318/2018. Therefore, he submits that the election petition deserves to be rejected. In this regard, suffice it to be observed that the correctness of the pleading or the purport of a decision passed by this Court can never be subject matter of consideration while deciding an application filed under Order 7 272 Rule 11 of the CPC. Therefore, at this juncture, this contention being beyond the scope of consideration is deferred for consideration at the time of final hearing of the instant petition.
12. Learned Senior counsel for the respondent No.1 placed reliance in the judgments of Hon'ble apex Court in the case of Azhar Hussain Vs. Raji Gandhi, AIR 1986 SC 1253, Ram Sukh Vs. Dinesh Aggrawaal, (2009) 2010 SCC 541, F.A. Sapna Vs. Singora, AIR 1991 SCC 1557, L.S. Shivramagowda Vs. T.M. Chandrashekhar, AIR 1999 SC 252, Mangani Lal Mandal Vs. Bishnu Deo Bhandari, AIR 2012 SC 1094, Razik Ram Vs. J.S. Chouhan, AIR 1975 SC 667, Umed Singh Vs. Raj Singh, AIR 1975 SC 43, Anil Vasudev Salgaonkar Vs. Naresh Kushali Shigaonkar, (2009) 9 SCC 310, Abdul Hussain Mir Vs. Samsul Huda, AIR 1975 SC 1612, K. V. Narayana Rao Vs. V.P. Puroshottam Rao, AIR 1993 SC 1698, Jeet Mohinder Singh Vs. Harminder Singh Jassi, AIR 2000 SC 256, Mohan Rawale Vs. Damodar Tatyaba Alias Dadasaheb and others, (1994) 2 SCC 392, where in the Hon'ble apex court has held that An election petition can be summarily dismissed if it does not furnish cause of action in exercise of the powers under the Civil Procedure Code and it is settled law that the omission of a single material fact would lead to an incomplete cause of action and that an election petition without the material facts relating to corrupt practice is not an election petition at all. It is also held by the apex court that it is now well settled that in election petitions pleadings have to be precise, specific and unambiguous and if the election petition does not disclose a cause of action it is liable to be rejected in limine. It is further held by the Hon'ble supreme court that our election law 273 being statutory in character must be strictly complied with since an election petition is not guided by ever changing common law principles of justice and notions of equity. Being statutory in character it is essential that it must conform to the requirements of our election law. But at the same time purity of election process must be maintained at all costs and those who violate the statutory norms must suffer for such violation. If the returned candidate is shown to have secured his success at the election by corrupt means, he must suffer for his misdeeds.
13. In the context of the aforesaid legal position, I have carefully examined the pleadings in the Election Petition with respect to the inadequacy of pleading regarding corrupt practices by the respondent No.1 during the course of election campaign and non-compliance of Sections 83 and 86 of the RP Act. I have no hesitation in observing that the petitioner has carefully pleaded the particulars instances of commission of corrupt practices by respondent No.1 with date, time and place and at whose instance such corrupt practices have been committed, which in my opinion is substantial compliance of the Section 83 of the RP Act. This Court cannot set the parameters of standard of pleading so high to mandate that every pleading be so it partakes that it provides that character of proof/evidence, even before the stage of evidence arrives. Such interpretation of Section 83 of the RP Act shall be inaccurate. Consequently, I find that pleading regarding corrupt practices are in consonance of Section 83 of the RP Act.
14. Before parting, the preliminary objection raised by the petitioner is to be dealt with, according to the petitioner, IA No. 4358/2019 is shown to be notarised on 17/06/2019; whereas the 274 same appears to be drawn or draft on 24/06/2019, which reflects that contents of the application were not perused. He submits that this amounts to wrong statement of facts. In this regard, I am of the view that at firstly the application filed under Order 7 Rule 11 of CPC is not narrating any new facts and is actually drawing an inferences from the factual narrations in the election petition. Therefore, the anomaly pointed out by the petitioner cannot be treated as wrong statement of facts and I hold that the preliminary objection has no merits.
15. Upon commutative consideration IA No. 4358/2019 sans merit and is hereby dismissed with cost of Rs.25,000/-.The respondent No.1 is directed to pay the same in head of Indian Army Relief Fund within a period of seven working days from today.
16. Learned counsel for the respondent No.1 is directed to file the reply of election petition within two weeks, failing which application filed by the petitioner Under Order 8 Rule 10 of the CPC will be considered and suitable order will be passed.
17. List the petition after two weeks.
(S.K. Awasthi) Judge skt 275 THE HIGH COURT OF MADHYA PRDESH Cr.A. No.722/2018 Indore, Dated:06/11/2019 Shri Gaffar Mohammad, learned counsel for the appellants. Shri Ankit Khare, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.7921/2019, repeat (second) application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellant No.1-Rajendra Singh @ Raju @ Raja.
Appellant No.1-Rajendra Singh @ Raju @ Raja has been convicted and sentenced by Additional Sessions Judge, Ujjain vide judgment dated 11/01/2018 passed in S.T. No.132/2012 as under:
Name Conviction Sentence Fine In lieu of appellant amount Rajendra Singh Under Section Seven Years Rs.10,000/ 6 months RI 392/34 of the IPC RI -
@ Raju @ Raja.
Under Section 368 Seven Years RI Rs.10,000/ 3 months RI of the IPC -
Under Section Three years RI Rs.4,000/- 3 months RI
120(B) of the IPC
Under Section 25(1- One year RI Rs.1,000/- One month
B)(A) of the Arms RI
Act
Learned counsel for the appellants submitted that the appellant No.1 was on bail during the trial and he did not misuse the liberty so granted to him. It is also submitted that neither the appellant No.1 is named in the FIR nor any robbed property has been recovered from his possession. The trial Court has not properly appreciated the evidence available on record and wrongly convicted the appellant No.1 for the alleged offence. The appellant No.1 has already suffered more than two years and four months of custodial sentence and there 276 is no possibility of early hearing of the appeal in near future. If the custodial sentence of the appellant No1 has not been suspended by this Court, then the appeal filed by him may turn infructuous. The appellant No.1 is ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant No.-1.
On the other hand, learned Public Prosecutor for the respondent opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellant No.1-Rajendra Singh @ Raju @ Raja .
Accordingly, I.A. No.8581/2019 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant No.1- Rajendra Singh @ Raju @ Raja in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
Appellant No.1-Rajendra Singh @ Raju @ Raja, after being enlarged on bail, shall mark his presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
(S.K. Awasthi)
skt Judge
277
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 5830/2018x Indore dated :07/11/2019 Shri Rishi Pandit, learned counsel for the applicant. Let record of the courts' below be called for. List immediately after receipt of the record on the question of admission.
(S.K. Awasthi) Judge skt 278 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 6118/2018x Indore dated :07/11/2019 Shri K.C. Ratnaparkhe, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Service report of notice issued against the respondent No.2 is still awaited.
Office is directed to collect the service report and list the matter in the week commencing 18/11/2019 alongwith service report.
(S.K. Awasthi) Judge skt 279 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 13740/2018x Indore dated :07/11/2019 Shri Pankaj Ajmera, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Service report of notice issued against the respondent No.2 is still awaited.
Office is directed to collect the service report and list the matter after two weeks alongwith service report.
(S.K. Awasthi) Judge skt 280 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 1016/2019x Indore dated :07/11/2019 Parties through their counsel. At the request of learned counsel for the applicant, the case is adjourned.
List on 13/11/2019.
(S.K. Awasthi) Judge skt 281 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 1088/2019x Indore dated :07/11/2019 Shri A.K. Saxena, learned counsel for the applicant. Record of the trial court is still awaited. Office is directed to call for the record of order dated 05/02/2016 passed in Criminal Case No. 176/2014 by Judicial Magistrate First Class, Narsinghgarh, District-Rajgarh.
List the matter immediately after received of the record.
(S.K. Awasthi) Judge skt 282 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 1768/2019x Indore dated :07/11/2019 Parties through their counsel. At the joint request of learned counsel for the parties, the case is adjourned.
List in the next week.
(S.K. Awasthi) Judge skt 283 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 4936/2019x Indore dated :07/11/2019 Parties through their counsel. At the request of learned counsel for the parties, the case is adjourned.
List in the next week.
I.R. to continue till the next date of hearing. Certified copy as per rules.
(S.K. Awasthi) Judge skt 284 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 655/2006x Indore dated :07/11/2019 None for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
As per the Office report, appellant No.2-Sureshchandra did not mark his presence before the Registry of this Court on 17/06/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appellant No.2-Sureshchandra for securing his presence before this court on 07/01/2020.
List on 07/01/2020.
(S.K. Awasthi) Judge skt 285 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 804/2011x Indore dated :07/11/2019 None for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
In absence of the learned counsel for the appellant, the case is adjourned.
List after six weeks.
(S.K. Awasthi) Judge skt 286 THE HIGH COURT OF MADHYA PRADESH Cr.A. 1366/2013x Indore dated :07/11/2019 None for the appellant.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
As per the Office report, appellant-Gopal Singh did not mark his presence before the Registry of this Court on 09/07/2019 and 15/10/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appellant-Gopal Singh for securing his presence before this court on 08/01/2020.
List on 08/01/2020.
(S.K. Awasthi) Judge skt 287 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1815/2015x Indore dated :07/11/2019 None for the appellant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Non-bailable warrant issued against appellant- Chandraprakash @ Sonu received unserved with the report that he was not found in the given address and he is absconded.
Let fresh non-bailable warrant be issued against appellant- Chandraprakash @ Sonu for securing his presence before this Court on 08/01/2020.
Office is directed to reflect the name of the surety of the appellant in the warrant so that police can take his assistance in serving non-bailable warrant of arrest on appellant.
Let notice be issued to appellant's surety as to why his surety amount may not be forfeited.
List the matter on 08/01/2020.
(S.K. Awasthi) Judge skt 288 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1233/2014x Indore dated :07/11/2019 None for the appellant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Today the case is listed for consideration of IA No. 8210/2019, an application filed for previous non-appearance of appellant-Sonu Panswar before the Registry of this Court on 16/09/2019. However, neither the appellant nor his counsel is present before this Court, therefore, IA No. 8210/2019 is dismissed for want of prosecution.
Let non-bailable warrant of arrest be issued against appellant-Sonu Panwar for securing his presence before this Court on 08/01/2020.
List on 08/01/2020.
(S.K. Awasthi) Judge skt 289 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 1292/2014x Indore dated :07/11/2019 Parties through their counsel. Learned counsel for the parties prays for and is granted four weeks time to file the compromise petition.
List after four weeks.
IR to continue till next date of hearing. Certified copy as per rules.
(S.K. Awasthi) Judge skt 290 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1211/2015x Indore dated :07/11/2019 Mrs. Anamika Singh, learned counsel for the appellant. Shri Arvind Yadav, learned Public Prosecutor for the respondent No.2/State.
Learned counsel for the appellant prays for and is granted three weeks time to argue the matter.
List after three weeks.
(S.K. Awasthi) Judge skt 291 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 8795/2015x Indore dated :07/11/2019 Shri R.R. Bhatnagar, learned counsel for the applicants. Shri Sanjay Kumar Sharma, learned counsel for the respondent.
Learned counsel for the applicants submitted that as per his information respondent-Arvind S/o Mahendra Singh Kushwaha has died.
Learned counsel for the respondent prays for and is granted three weeks time to verify the factum of death of respondent.
List after three weeks.
(S.K. Awasthi) Judge skt 292 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1400/2017x Indore dated :07/11/2019 Shri Sanjay Kumar Sharma, learned counsel for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
As per the Office report,appellant No.4-Kailashnath did not mark his presence before the Registry of this Court on 03/07/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appellant No.4-Kailashnath for securing his presence before this court on 17/12/2019.
List on 17/12/2019.
(S.K. Awasthi) Judge skt 293 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3733/2017x Indore dated :07/11/2019 Shri A.K. Saraswat, learned counsel for the applicant. None for the respondent.
After arguing for sometime, learned counsel for the applicant seeks leave of this Court to withdraw this petition filed under Section 482 of the Cr.P.C. alongwith Section 19(4) of the Family Court Act, 1984.
Prayer is allowed.
Accordingly, the present petition is dismissed as withdrawn. Let a copy of this order alongwith record of the Family Court, Neemuch be sent to the concerned Court.
(S.K. Awasthi) Judge skt 294 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 10561/2017x Indore dated :07/11/2019 None for the parties.
In absence of the learned counsel for the parties, the case is adjourned.
List after two weeks.
(S.K. Awasthi) Judge skt 295 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 28344/2017x Indore dated :07/11/2019 Shri Arvind Yadav, learned Public Prosecutor for the applicant/State.
Notice issued to respondent No.1-Narayan received unserved due to incomplete address.
On payment of fresh process-fee within seven working days with correct particulars, let notice be issued against the respondent No.1 by ordinary as well as by registered AD mode. Let notice be made returnable within eight weeks.
(S.K. Awasthi) Judge skt 296 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1023/2018x Indore dated :07/11/2019 None for the appellant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
In absence of the appellant, the case is adjourned. List after four weeks.
(S.K. Awasthi) Judge skt 297 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 1281/2018x Indore dated :07/11/2019 None for the applicant.
In absence of the applicant, the case is adjourned. List after four weeks.
(S.K. Awasthi) Judge skt 298 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1396/2018x Indore dated :07/11/2019 None for the appellant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
As per the Office report,appellant-Lala @ Vikram did not mark his presence before the Registry of this Court on 09/05/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appellant-Lala @ Vikram for securing his presence before this court on 07/01/2020.
List on 07/01/2020.
(S.K. Awasthi) Judge skt 299 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 2356/2018x Indore, Dated:07/11/2019 Shri Arvind Yadav, learned Public Prosecutor for the applicant/State.
None for the respondents.
Heard learned Public Prosecutor on IA No. 3955/2019, an application filed under Section 482 of the Cr.P.C. seeking permission for converting the present revision petition 397 of the Cr.P.C. into M.Cr.C. filed under Section 482 of the Cr.P.C.
On due consideration, IA No. 3955/2019 is allowed. Resultantly, the present revision petition is disposed of as converted in M.Cr.C. filed under Section 482 of the Cr.P.C.
(S.K. Awasthi)
skt Judge
300
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 2433/2018x Indore, Dated:07/11/2019 None for the applicant.
In absence of the learned counsel for the applicant, the case is adjourned.
List after three weeks.
(S.K. Awasthi)
skt Judge
301
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 5548/2018x Indore, Dated:07/11/2019 Parties through their counsel. According to the mediator report mediation proceedings between the parties has failed.
Let record of the courts' below be called for. List immediately after received of the record.
(S.K. Awasthi)
skt Judge
302
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 24136/2018x Indore, Dated:07/11/2019 None for the applicant.
In absence of the learned counsel for the applicant, the case is adjourned.
List after three weeks.
(S.K. Awasthi)
skt Judge
303
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1348/2017x (Gopal Yadav Vs. State of M.P.) Indore, Dated:06/11/2019 Shri R.R. Trivedi, learned counsel for the appellant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.6227/2019, repeat (third) application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellant-Gopal Yadav.
The appellant has been convicted and sentenced by Special Judge(SC/ST(PA) Act, 1989, Rajgarh (Biaora) vide judgment dated 10/07/2017 passed in Special Case No.127/2014 as under:
Name Conviction Sentence Fine In lieu of appellant amount Gopal Yadav Under Section 376 of the Ten years RI Rs.1,000/- One years IPC RI Under Section 354 of the One year RI ----- ---- IPC From the perusal of the record, it appears that earlier application of the appellant filed under Section 389(1) for suspension of custodial sentence has already been dismissed by this Court on merits, vide order dated 30/10/2018 and after rejection of the said application, there appears to be no change of circumstances, in which this repeat application can be considered.
Looking to the aforesaid facts and circumstances, this court is of the view that at this stage no case for suspension of sentence and grant of bail to the appellant is made out. Accordingly, IA No. 6227/2019 is hereby dismissed.
(S.K. Awasthi)
skt Judge
304
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1125/2016x Indore, Dated:06/11/2019 Parties through their counsel.
List alongwith Cr.A. No. 1123/2016.
(S.K. Awasthi) skt Judge 305 THE HIGH COURT OF MADHYA PRDESH Cr.A. No.1123/2016x Indore, Dated:06/11/2019 Ms. Geetanjali Chourasiya, learned counsel for the appellant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.7921/2019, repeat (fourth) application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellant-Akbar Khan.
The appellant has been convicted and sentenced by Special Judge (SC/ST(PA) Act, 1989), Dewas vide judgment dated 24/12/2016 passed in S.T. No.105/2013 as under:
Name Conviction Sentence Fine In lieu
of appellant amount
Akbar Khan Under Section 376(2)(d) Ten Years RI Rs.500/- 2 months RI
of the IPC
Under Section 450 of the Five Years RI Rs.500/- 3 months RI IPC Under Section 4 of ---- ---- ---
Protection of Children from Sexual Offences Act, 2012 Under Section 3(2)(v) of Five years RI Rs.500/- Two months the SC/ST(PA) Act, 1989. RI Learned counsel for the appellant submitted that the appellant is a youth of aged about 21 years and he is not having any criminal antecedents. It is also submitted that there is material contradictions in the statement of the prosecutrix regarding commission of offence, which creates doubt about the occurrence of alleged incident, however, the trial court has not properly appreciated the evidence available on record and wrongly convicted the appellant for the alleged incident. There are fair chances of success of this appeal. The appellant has already served more than 7 years and four months of 306 custodial sentence and there is no possibility of early hearing of the appeal in near future. If the custodial sentence of the appellant has not been suspended by this Court, then the appeal filed by him may turn infructuous. The appellant is ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellant.
Accordingly, I.A. No.8731/2019 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant-Akbar Khan in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
307
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 26/2010x Indore dated :06/11/2019 Mrs. Anamika Singh, learned counsel for the appellant No.2. Shri Nilesh Patel, learned Public Prosecutor for the respondent/State Heard learned counsel for the parties on IA No. 4967/2019, an application moved on behalf of appellant No.2-Chhota @ Bhura Hela S/o Aalenbi.
On due consideration, IA No. 4967/2019 is allowed and the appellant No.2-Chhota @ Bhura Hela S/o Aalenbi is permitted to change the counsel of his choice.
Also heard learned counsel for the parties on IA No. 8399/2019, an application moved on behalf of appellant No.2- Chhota @ Bhura Hela S/o Aalenbi for condonation of his previous non-appearance on 28/03/2018 before the Registry of this Court.
Looking to the reasons assigned in the application, which is also supported with the affidavit of appellant No.2- Chhota @ Bhura Hela sufficient ground is made out to condone his previous non-appearance on 28/03/2018 before the Registry of this Court. Accordingly, IA No. 8399/2019 is allowed and the previous non- appearance of appellant No.2- Chhota @ Bhura Hela before the Registry of this Court is hereby condoned.
Appellant No.2-Chhota @ Bhura Hela is directed to mark his presence before the Registry of this Court on 11/02/2020 and on all subsequent dates as may be fixed by the Office in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi) Judge skt 308 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 80/2010x Indore dated :06/11/2019 Parties through their counsel.
List alongwith Cr.A. No. 26/2010.
(S.K. Awasthi) Judge skt 309 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 4767/2018x Indore dated :06/11/2019 Shri Himanshu Thakur, learned counsel for the appellant. Shri Nilesh Patel, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No. 8244/2019, an application filed under Section 391 of the Cr.P.C., 1973 for taking additional evidence of Mohanlal (PW 3) on record.
IA No. 8244/2019 will be considered at the time of final hearing of the appeal.
List the appeal for final hearing in due course.
(S.K. Awasthi) Judge skt 310 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 129/2003x Indore dated :06/11/2019 Parties through their counsel.
Learned counsel for the appellants prays for fixed date to keep present the appellant No.1-Laxminarayan before this Court.
Prayer is allowed.
List the matter on 02/12/2019 for personal appearance of appellant No.1- Laxminarayan before this Court.
(S.K. Awasthi) Judge skt 311 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 5131/2019x Indore dated :06/11/2019 Shri Umesh Sharma, learned counsel for the applicant. Shri R.K. Pandagre, learned counsel for the respondent. Heard learned counsel for the parties on IA No. 8556/2019, an application under Section 5 of the Limitation Act for condonation of delay of 169 days in preferring this revision petition.
Looking to the reasons assigned in the application, which is also supported with the affidavit of applicant's father, sufficient ground is made out the condone the delay of 169 days in preferring the present revision petition. Accordingly, IA No. 8556/2019 is allowed and delay of 169 days in preferring the present revision petition is hereby condoned.
Also heard learned counsel for the parties on 8557/2019, an application filed under Section 397(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of applicant- Sameer Khan @ Khurdash.
Learned counsel for the applicant has submitted that the applicant was on bail during trial and pendency of the appeal and he did not misuse the liberty so granted to him. The applicant has entered into the compromise with the respondent/complainant and he has already paid the cheque amount to the respondent. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the applicant.
Learned counsel for the respondent has supported the contention raised by the learned counsel for the applicant and submitted that he has no objection in granting suspension of custodial sentence to the applicant.312
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the applicant.
Accordingly, I.A. No. 8557/2019 is allowed and it is directed that subject to depositing on furnishing personal bond by applicant- Sameer Khan @ Khudarsh in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the applicant shall remain suspended, till the final disposal of this revision.
The applicant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 05/02/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
Further heard learned counsel for the parties on IA No. 8558/2019, an application filed under Section 147 of the Negotiable Instruments Act, 1881 for compromise.
Parties are directed to appear before the Principal Registrar of this Court on 13/11/2019 at 11:30 a.m. for verification of the factum of compromise.
(S.K. Awasthi) Judge skt 313 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.42387/2019x Indore dated :06/11/2019 Shri O.S. Sisodiya, learned counsel for the applicant. Shri V.J. Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.199/2018, registered at Police Station-Kotwali, District-Dhar concerning offence under Sections 363, 366, 368, 376 and 376(2)(n) of the IPC alongwith Section 5/6 of Protection of Children from Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 314 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 708/2017x Indore dated :06/11/2019 Shri Akash Rathi, learned counsel for the appellant. Shri V.J. Hardia, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No. 8349/2019, repeat (second) application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant- Niyaz.
After arguing at length on the merits of the case, learned counsel for the appellant seeks leave of this Court to withdraw IA No. 8349/2019.
Prayer is allowed.
Accordingly, IA No. 8349/2019 is dismissed as withdrawn, however, Office is directed to examine the matter and if it comes under the caption of "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier, then same shall be listed for final hearing on any working Saturday.
(S.K. Awasthi)
skt Judge
315
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 4178/2017x Indore dated :06/11/2019 Parties through their counsel.
Learned counsel for the appellant prays for and is granted time to argue the matter on IA No. 6790/2019, repeat (third) application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant-Raju @ Rajesh.
List after four months.
(S.K. Awasthi)
skt Judge
316
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.4984/2017x (Govind Vs. State of M.P.) Indore, Dated:06/11/2019 Shri Rajesh Jat, learned counsel for the appellant. Shri Ankit Khare, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.7921/2019, repeat (third) application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellant-Govind .
The appellant has been convicted and sentenced by Additional Sessions Judge, Khategaon, District-Dewas vide judgment dated 22/08/2017 passed in S.T. No.06/2017 as under:
Name Conviction Sentence Fine In lieu
of appellant amount
Govind Under Section 354 of the One year RI Rs.1,000/- 15 days RI
IPC
Under Section 506(II) of One year RI Rs.1,000/- 15 days RI the IPC Under Section 7/8 of Three years RI Rs.2,000/- One month Protection of Children RI from Sexual Offences Act, 2012 Learned counsel for the applicant submitted that after judgment of conviction and sentence passed by the trial Court, the applicant has moved an application under Section 389(1) of the Cr.P.C. for suspension of custodial sentence, which was allowed by this Court vide order dated 18/12/2017 and the appellant was released on bail. However, the appellant could not appear before the Registry of this Court on 15/02/2018 because he is working as labour and he has gone to out of station for earning his livelihood. On 11/09/2018, non- bailable warrant of arrest has been issued against the appellant by this 317 Court for securing presence of appellant before this Court on 31/10/2018. In pursuant to the aforesaid warrant, appellant-Govind was arrested by the Police on 28/10/2018 and since then he is in custody and has already completed more than one year of the custodial sentence. Learned counsel for the appellant assured that in future the appellant will regularly mark his presence before the Registry of this Court on every date fixed by the Registry in this behalf. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellant.
Accordingly, I.A. No.7921/2019 is allowed and it is directed that on furnishing personal bond by appellant-Govind in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
(S.K. Awasthi)
skt Judge
318
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37714/2019x Indore dated :06/11/2019 Parties through their counsel.
Learned counsel for the applicant prays for and is granted seven working days time to cure the defects pointed out by the Office.
List thereafter.
(S.K. Awasthi)
skt Judge
319
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 30434/2019x Indore dated :06/11/2019 Parties through their counsel.
Learned counsel for the applicant prays for and is granted seven working days time to cure the defect pointed out by the Office.
List thereafter.
(S.K. Awasthi)
skt Judge
320
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41139/2019x Indore dated :06/11/2019 Parties through their counsel.
Learned counsel for the applicant prays for and is granted seven working days time to cure the defect pointed out by the Office.
List thereafter.
(S.K. Awasthi)
skt Judge
321
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1367/2002x Indore dated :05/11/2019 None for the appellants.
Shri Ankit Khare, learned Public Prosecutor for the respondent /State.
From perusal of the record, it appears that no one appeared on behalf of the appellants for a longtime and they have also not complied with order dated 18/09/2019 passed by this Court.
Let notice be issued to appellant No.2-Laxman S/o Ramratan Dangi as to why order dated 11/07/2003 passed by this Court may not be recalled, by which his jail sentence has been suspended by this Court.
List on 09/01/2020.
(S.K. Awasthi)
skt Judge
322
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 3609/2016x Indore dated :05/11/2019 Ms. Sudha Shrivastava, learned counsel for the applicant. Shri Ankit Khare, learned Public Prosecutor for the respondent No.1/State.
Learned counsel for the applicant is directed to comply with the order dated 16/04/2019 within seven working days from today, failing which present petition filed under Section 482 of the Cr.P.C. shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi)
skt Judge
323
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 723/2017x Indore dated : 05/11/2019 Shri N.J. Dave, learned counsel for the appellant. Shri Vinit J.Hardia, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant prays for fixed date to keep present the appellant before this Court.
Prayer is allowed.
Office is directed to list the matter on 23/11/2019 for personal appearance of the appellant.
(S.K. Awasthi)
skt Judge
324
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 979/2017x Indore dated : 05/11/2019 Shri R.R. Bhatnagar, learned counsel for the appellant. Shri Vinit J.Hardia, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant prays for fixed date to keep present the appellant before this Court.
Prayer is allowed.
Office is directed to list the matter on 23/11/2019 for personal appearance of the appellant.
(S.K. Awasthi)
skt Judge
325
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1368/2017x Indore dated : 05/11/2019 Parties through their counsel.
As per office report, appellant-Pappu @ Balwan did not mark his presence before the Registry of this Court on 27/06/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appellant- Pappu @ Balwan for securing his presence before this Court on 16/12/2019.
List on 16/12/2019.
(S.K. Awasthi)
skt Judge
326
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1516/2017x Indore dated : 05/11/2019 Shri N.J. Dave, learned counsel for the appellant. Shri Vinit J.Hardia, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant prays for fixed date to keep present the appellant before this Court.
Prayer is allowed.
Office is directed to list the matter on 22/11/2019 for personal appearance of the appellant.
(S.K. Awasthi)
skt Judge
327
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10233/2017x Indore dated : 05/11/2019 Shri Vinit Hardia, learned Public Prosecutor for the applicant/State.
Learned Public Prosecutor further prays for and is granted seven working days time to delete the name respondent No.1-Mahesh from the array of petition.
List after a week.
(S.K. Awasthi)
skt Judge
328
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 27998/2017x Indore dated : 05/11/2019 None for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the respondent No.1/State.
Shri Govind Purohit, learned counsel for the respondent No.2. In absence of the learned counsel for the applicant, the case is adjourned.
List after four weeks.
(S.K. Awasthi)
skt Judge
329
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 1422/2018x Indore dated : 05/11/2019 Shri Vinit J. Hardia, learned Public prosecutor for the applicant/State.
Learned Public Prosecutor further prays for and is granted two weeks time to moved an appropriate application for converting present revision petition into criminal appeal, failing which present revision petition filed under Section 397 of the Cr.P.C. shall automatically stands dismissed without further reference to this Court. .
(S.K. Awasthi)
skt Judge
330
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 2571/2018x Indore dated : 05/11/2019 Shri Vinit J. Hardia, learned Public prosecutor for the applicant/State.
Learned Public Prosecutor prays for and is granted time to pay the process-fee so that notice be issued against the respondents.
On payment of process-fee within seven days, let notice be issued to respondents by ordinary as well as by registered AD mode. Notice be made returnable within six weeks.
(S.K. Awasthi)
skt Judge
331
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 3668/2018x Indore dated : 05/11/2019 Shri Vikram Bhatnagar, learned counsel for the applicant. Learned counsel for the applicant further prays for time to seek instruction in the matter.
Prayer is allowed.
List on 04/12/2019.
(S.K. Awasthi)
skt Judge
332
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. Nos. 49687/2018 & 49690/2018x Indore dated : 05/11/2019 None for the applicant.
Shri Vinit J. Hardia, learned Public prosecutor for the respondent/State.
In absence of the learned counsel for the applicant, the case is adjourned.
List after eight weeks.
(S.K. Awasthi)
skt Judge
333
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1994/2019x Indore dated : 05/11/2019 None for the appellant.
Due to non payment of process-fee bailable warrant of arrest of Rs.10,000/- has not been issued against the respondent.
Learned counsel for the appellant is directed to pay the process- fee within seven working days so that bailable warrant of Rs.10,000/- be issued against the respondent for securing his presence before the Registry of this Court on 13/12/2019.
Respondent is also directed to furnished the personal bond and bail bond of Rs.10,000/- before the trial Court for securing his presence before the Registry of this Court on 13/12/2019 and on all other subsequent dates as may be fixed by the Office in this behalf.
List on 13/12/2019.
(S.K. Awasthi)
skt Judge
334
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 2215/2019x Indore dated : 05/11/2019 Shri L.R. Bhatnagar, learned counsel for the applicant. Shri Vinit J. Hardia, learned Public prosecutor for the respondent/State.
At the request of learned counsel for the applicant the case is adjourned.
List after two weeks.
(S.K. Awasthi)
skt Judge
335
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 35163/2019x Indore dated : 05/11/2019 Shri Manish Kumar Sharma, learned counsel for the applicants. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
This is a petition for cosolidation of three sessions trial pending before the same court against the same accused persons initiated on the complaint of the same complainant.
Admittedly the applicants have not approached the trial Court for the relief prayed before this Court, therefore, this petition is disposed of with liberty to approach the trial Court for the same relief.
(S.K. Awasthi)
skt Judge
336
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 5264/2019x Indore dated : 05/11/2019 Shri Sameer Verma, learned counsel for the applicant. After arguing for sometime, learned counsel for the applicant seeks leave of this Court to withdraw this revision petition filed under Section 19(4) of the Family Court Act, 1984 with liberty to moved an application under Section 126(2) of the Cr.P.C. before the Family Court, Dhar for setting aside of the ex-parte order dated 01/10/2019 passed by Principal Judge, Family Court, Dhar in Criminal MJC No. 214/2018.
Prayer is allowed.
Accordingly, present revision petition is dismissed as withdrawn with the aforesaid liberty.
(S.K. Awasthi)
skt Judge
337
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 7431/2014x Indore dated : 05/11/2019 Parties through their counsel.
List alongwith Cr.R. No. 5295/2019.
(S.K. Awasthi)
skt Judge
338
THE HIGH COURT OF MADHYA PRADESH Cr.R.No. 5295/2019x Indore dated : 05/11/2019 Shri Manish Yadav, learned counsel for the applicants. Learned counsel for the applicants prays for and is granted one weeks time to file the certified copy of the statements of complainant and his son.
List in the next weeks.
(S.K. Awasthi)
skt Judge
339
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 9365/2019x Indore dated : 05/11/2019 Shri J.N. Tiwari, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard on the question of admission. Appeal is admitted for final hearing. Let record of the trial Court be called for. List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
340
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 5659/2018x Indore dated : 05/11/2019 Shri Sanjay Kumar Sharma, learned counsel for the applicants. Shri Vaibhav Bansal, learned counsel for the respondent. After arguing for sometime, learned counsel for the applicants seeks leave of this Court to withdraw this revision petition filed under Section 19(4) of the Family Court Act, 1984 read with Section 397/401 of the Cr.P.C.
Prayer is allowed.
Accordingly, the present revision petition is dismissed as withdrawn.
(S.K. Awasthi)
skt Judge
341
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4886/2018x Indore dated : 05/11/2019 Shri Vaibhav Bansal, learned counsel for the applicant. Shri Sanjay Sharma, learned counsel for the respondents. After arguing for sometime, learned counsel for the applicant seeks leave of this Court to withdraw this revision petition filed under Section 19(4) of the Family Court Act, 1984 read with Section 397/401 of the Cr.P.C.
Prayer is allowed.
Accordingly, the present revision petition is dismissed as withdrawn.
(S.K. Awasthi)
skt Judge
342
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.33147/2019x Indore dated : 05/11/2019 Parties through their counsel.
Learned counsel for the applicant is directed to file the copy of entire charge-sheet by next date of hearing positively.
List after three weeks.
(S.K. Awasthi)
skt Judge
343
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.33909/2019x Indore dated : 05/11/2019 Shri D.K. Batham, learned counsel for the applicants. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicants prays for and is granted time to moved an appropriate application for impleading the complainant as respondent No.2 in the petition.
List after a week.
(S.K. Awasthi)
skt Judge
344
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 38691/2019x Indore dated : 05/11/2019 Shri Dharmendra Gurjar, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant prays for and is granted one weeks time to move an appropriate application for impleading the complainant as respondent No.2 in the petition.
List after a week.
(S.K. Awasthi)
skt Judge
345
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 39145/2019x Indore dated : 05/11/2019 None for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Shri Ansari submits that he has already given the NOC to the applicant to appoint his new counsel, therefore, he is not appearing on behalf of the applicant.
Let SPC be issued against the applicant for securing his presence before this Court on 02/12/2019.
List on 02/12/2019.
(S.K. Awasthi)
skt Judge
346
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41536/2019x Indore dated : 05/11/2019 Shri Lucky Jain, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Shri Gupta accepts the notice on behalf of respondent No.1/State, therefore, no separate notice is required for respondent No.1.
On payment of process-fee within seven working days, let notice be issued against respondent No.2 by ordinary as well as by registered AD Mode. Notice be made returnable within four weeks.
List thereafter.
(S.K. Awasthi)
skt Judge
347
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 702/2016x Indore dated : 05/11/2019 Shri Ashok Airen, learned counsel for the applicants. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent Nos. 1 and 2/State.
Shri Pankaj Sohani, learned counsel for the respondent Nos. 3 to
5.
Learned Public Prosecutor prays for and is granted further two weeks time to verify the factum of death of appliant No.1-Ghasiram S/o Baldev Singh and submits its report.
List after two weeks.
(S.K. Awasthi)
skt Judge
348
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 3182/2017x Indore dated : 05/11/2019 Shri N.K. Verma, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after two weeks.
(S.K. Awasthi)
skt Judge
349
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4039/2019x Indore dated : 05/11/2019 Shri Vismit Panot, learned counsel for the applicants. Service report of notice issued against the respondent is still awaited.
Office is directed to collect the service report and list the matter after two weeks alongwith service report.
(S.K. Awasthi)
skt Judge
350
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 324/2001x Indore dated : 04/11/2019 None for the appellants.
Shri Arvind Yadav, learned Public Prosecutor for the respondent /State.
Heard on IA No. 6841/2019, an application for deleting the name of appellant No.2-Iqbal Shah S/o Murad Shah from the appeal memo.
According to the averments made in the application, appellant No.2-Iqbal Shah S/o Murad Shah has died on 15/06/2019 and the copy of his death certificate is also annexed with the application.
Factum of death of appellant No.2-Iqbal Shah has been duly verified by SHO, Police-Station-Badnagar, Ujjain and according to the verification report, appellant No.2-Iqbal Shah S/o Murad Shah has died on 15/06/2019 due to the illness.
Looking to the aforesaid facts and circumstances of the case, IA No. 6841/2019 is allowed and the learned counsel for the appellants is permitted to delete the name of appellant No.2-Iqbal Shah from the memo of appeal. He is directed to carry out the necessary amendments in the memo of appeal during seven working days from today.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
351
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 1471/2016x Indore dated : 04/11/2019 None for the parties.
The advocates are abstaining from the court work today, due to call made by High Court of Bar Association, Indore, therefore, the case is adjourned.
List in the week commencing 18/11/2019. IR to continue to till the next date of hearing. Certified copy as per rules.
(S.K. Awasthi)
skt Judge
352
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 27761/2019x Indore dated : 04/11/2019 None for the applicants.
Shri Arvind Yadav, learned Public Prosecutor for the respondent Nos. 7 and 8/State.
The advocates are abstaining from the court work today, due to call made by High Court of Bar Association, Indore, therefore, the case is adjourned.
List after eight weeks.
(S.K. Awasthi)
skt Judge
353
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4685/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
354
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4838/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
355
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 5076/2019x Indore dated : 04/11/2019 None for the applicants.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicants is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
356
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.3099/2018x Indore dated : 04/11/2019 None for the appellant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
List alongwith Cr.A. NO. 7221/2019.
(S.K. Awasthi)
skt Judge
357
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 7221/2019x Indore dated : 04/11/2019 None for the appellant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
358
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 8487/2019x Indore dated : 04/11/2019 None for the appellant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
359
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.30788/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent No.2/State.
List alongwith M.Cr.C. No.39327/2019 (S.K. Awasthi) skt Judge 360 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.39327/2019x Indore dated : 04/11/2019 Shri Arvind Yadav, learned Public Prosecutor for the applicant/State.
Learned Public Prosecutor further prays for and is granted two weeks' time to cure the defects pointed out by the Office.
List thereafter.
(S.K. Awasthi)
skt Judge
361
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40273/2019x Indore dated : 04/11/2019 None for the applicant.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within two weeks.
List thereafter.
(S.K. Awasthi)
skt Judge
362
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 40602/2019x Indore dated : 04/11/2019 None for the applicant.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
363
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40734/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Heard on IA No. 8405/2019, an application for dispensing with from filing the legible/typed copy of the charge-sheet.
After perusal of the charge-sheet and looking to the reasons assigned in the application, IA No. 8405/2019 is allowed and the applicant is exempted from filing the legible/typed copy of the charge- sheet.
(S.K. Awasthi)
skt Judge
364
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.42038/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Heard on IA No. 8453/2019, an application for dispensing with from filing the legible/typed copy of the charge-sheet.
After perusal of the charge-sheet and looking to the reasons assigned in the application, IA No. 8453/2019 is allowed and the applicant is exempted from filing the legible/typed copy of the charge- sheet.
(S.K. Awasthi)
skt Judge
365
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4929/2019x Indore dated : 04/11/2019 None for the applicant.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
366
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42248/2019x Indore dated : 04/11/2019 None for the applicants.
Shri Arvind Yadav, learned Public Prosecutor for the respondent No.1/State.
Learned counsel for the applicants is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
367
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 43310/2019x Indore dated : 04/11/2019 None for the applicants.
Shri Arvind Yadav, learned Public Prosecutor for the respondent No.1/State.
Learned counsel for the applicants is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
368
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 43405/2019x Indore dated : 04/11/2019 None for the applicant.
Learned counsel for the applicant is directed to cure the defect pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
369
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 43664/2019x Indore dated : 04/11/2019 None for the applicant.
Learned counsel for the applicant is directed to cure the defect pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
370
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 44174/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
371
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1441/2012x Indore dated : 04/11/2019 None for the appellant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
This Court, vide order dated 12/09/2019 has directed the Office for issuance of non-bailable warrant against the appellant Vimal S/o Umashankar Shrivas and in compliance of the aforesaid warrant, appellant- Vimal was arrested by the Police on 02/11/2019 and produced before the Chief Judicial Magistrate, Indore, who has send him to District-Jail-Indore. Today appellant-Vimal is produced before this Court from District-Jail, Indore by Constable No.- 3826-Sunil Singh Jadon. His presence is marked. He be sent back to the concerned jail under the same escort for suffering remaining jail sentence under the appropriate warrant.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
372
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1478/2015x Indore, dated :04/11/2019 None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard on IA No. 8379/2019, an application filed under Section 389(1) of the Cr.P.C. for grant of temporary custodial sentence of appellant-Ashok Shrivastava, who has been convicted for the offence under Sections 376(2)(i), 376(2)(f) and 376(2)(n) of the IPC and sentenced to undergo RI for 10 years and to pay fine of Rs.200/- for each offence respectively with usual default stipulation, vide judgment dated 15/09/2015 passed by 13th Additional Sessions Judge, Indore in Special S.T. No. 134/2014.
Temporary suspension of custodial sentence of the appellant has been sought on the ground that the marriage of appellant's daughter Khushbu is scheduled to be held on 19/11/2019.
The factum of marriage of appellant's daughter is duly verified by SHO, Police-Station-M.G. Road, Indore and on verification it has been found correct.
Although learned Public Prosecutor opposed the application, however, looking to the facts and circumstances of the case and the fact that marriage of appellant's daughter is to be scheduled on 19/11/2019, it would be appropriate to suspend his custodial sentence for a period of 15 days. Accordingly, IA No. 8379/2019 is allowed and the appellant-AShok Shrivastava is directed to be released on temporary bail for a period of 15 days from 10/11/2015 to 24/11/2019 on his furnishing personal bond in the sum of Rs. 60,000( Rupees Sixty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court subject to an undertaking that he will surrender himself on 373 25/11/2019 before the trial Court for being taken into custody and serving out the remaining jail sentence. The trial Court is also directed to intimate this Court whether the applicant shall surrender or not ?
Certified copy as per rules.
(S.K. Awasthi) Judge skt 374 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1492/2015x Indore dated : 04/11/2019 None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
The advocates are abstaining from the court work today, due to call made by High Court of Bar Association, Indore, therefore, the case is adjourned.
List after six weeks.
(S.K. Awasthi)
skt Judge
375
THE HIGH COURT OF MADHYA PRADESH Cr.A. Nos. 1838/2016 & 693/2016x Indore dated : 04/11/2019 None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
The advocates are abstaining from the court work today, due to call made by High Court of Bar Association, Indore, therefore, the case is adjourned.
List after eight weeks.
(S.K. Awasthi)
skt Judge
376
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1558/2018 x Indore dated : 04/11/2019 None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
The advocates are abstaining from the court work today, due to call made by High Court of Bar Association, Indore, therefore, the case is adjourned.
List after eight weeks.
(S.K. Awasthi)
skt Judge
377
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 9057/2019x Indore dated : 04/11/2019 None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Although the custodial sentence of the appellant was suspended by the trial Court itself after convicting him, however, the aforesaid period has already been over, therefore, the appellant is directed to make surrender himself before the trial Court and file the certified copy of the concerned order sheet, thereafter, IA No. 8560/2019, an application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant-Chandar will be considered.
(S.K. Awasthi)
skt Judge
378
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 44385/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
379
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 43635/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
380
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42337/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defect pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
381
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42228/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defect pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
382
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41870/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defects pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
383
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41705/2019x Indore dated : 04/11/2019 None for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant is directed to cure the defect pointed out by the Office within seven working days.
List thereafter.
(S.K. Awasthi)
skt Judge
384
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.944/2006x Indore dated : 02/11/2019 None for the appellant.
Shri Vineet Hardia, learned Public Prosecutor for the respondent/State.
Appellant's surety-Banshi S/o Salagram has furnished surety bond of Rs.25,000/-before the trial Court in compliance of order dated 01/02/2016 passed by this court with the condition that he shall keep present the appellant before the Registry of this Court on each and every date fixed by the Office in this behalf, however, the appellant did not mark his presence before the Registry of this Court and he is absconded for a long time. Even after issuance of show cause notice to the appellant's surety, he did not mark his presence before this Court to explain the reasons that as to why he could not keep present the appellant before this Court, therefore, it is clear that the surety has committed breach of condition of the surety bond, hence, the surety amount of Rs.25,000/- furnished by the appellant's surety-Banshi S/o Salagram before the trial Court is hereby forfeited.
The trial Court is directed to initiate the recovery proceedings of the aforesaid surety bond and it should be concluded within a period of three months from the date of received of certified copy of this order.
Let bail papers of appellant-Bablu S/o Kalidin be sent to the trial Court for recovery of surety amount.
Quarterly report of Superintendent of Police, District-Rajgarh regarding efforts made by the concerned SHO is still awaited.
Office is directed to collect the quarterly report and list the matter alongwith quarterly report in the week commencing 09/12/2019.
(S.K. Awasthi)
skt Judge
385
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.783/2003x Indore dated : 02/11/2019 Shri Prateek Jain, learned counsel for the appellant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
As per the office report, appellant-Viljya did not mark his presence before the Registry of this Court on 18/06/2019.
It is a case of bail jump.
Let non-bailable warrant of arrest be issued against-appellant- Viljya for securing his presence before this Court.
List on 10/12/2019.
(S.K. Awasthi)
skt Judge
386
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.986/2007x Indore dated : 02/11/2019 None for the appellant.
Shri Vineet Hardia, learned Public Prosecutor for the respondent/State.
This court vide order dated 29/08/2019 is directed to call for report from the Superintendent, Sub Jail, Narsinghgarh, Disdtrict- Rajgarh (Biaora) as to whether the present appellant has completed jail sentence awarded by the trial Court or is still in custody, however, the said report is still awaited.
Office is directed to call for the report and list the matter alongwith report on 09/12/2019.
(S.K. Awasthi)
skt Judge
387
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1239/2008x Indore dated : 02/11/2019 None for the appellant.
Shri Vineet Hardia, learned Public Prosecutor for the respondent/State.
Non-bailable warrant issued against appellant-Suresh @ Rajesh is received unserved with the report that he was not found in given address and he is absconded.
Let perpetual warrant of arrest be issued against appellant- Suresh @ Rajesh for securing his presence before this court.
Office is directed to reflect the name of surety of the appellant in the perpetual warrant of arrest so that police can take his assistance in serving the perpetual warrant on appellant.
Let notice be issued to appellant's surety as to why surety amount may not be forfeited.
Superintendent of Police, Dewas is directed to furnish the quarterly report relating to efforts made by the serving office for the arrest of appellant-Suresh @ Rajesh.
List the matter on 05/02/2020 for first quarterly report of Superintendent of Police, Dewas and also on the service report of appellant's surety.
(S.K. Awasthi)
skt Judge
388
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1474/2010x Indore dated : 02/11/2019 Parties through their counsel.
List alongwith Cr.A. No. 1494/2010.
(S.K. Awasthi)
skt Judge
389
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1494/2010x Indore dated : 02/11/2019 Shri Anshul Shrivastava, learned counsel for the appellant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
As per Office report, appellant-Badrilal did not mark his presence before the Registry of this Court on 20/06/2019.
Learned counsel for the appellant prays for fixed date to keep present the appellant before this Court.
Prayer is allowed.
Office is directed to list the matter on 21/11/2019 for personal appearance of appellant-Badrilal.
(S.K. Awasthi)
skt Judge
390
THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1028/2014x Indore dated : 02/11/2019 Parties through their counsel.
List alongwith Cr.R. No. 1024/2014.
(S.K. Awasthi)
skt Judge
391
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 1024/2014x Indore dated : 02/11/2019 Parties through their counsel.
Bailable warrant issued against respondent No.4-Ramlal received unserved.
Let fresh bailable warrant of Rs.25,000/- be issued against respondent No.4-Ramlal for securing his presence before this Court on 13/12/2019.
(S.K. Awasthi)
skt Judge
392
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 2807/2019x Indore dated :02/11/2019 Shri Anupam Chouhan, learned counsel for the appellants. Shri Arvind Yadav, learned Govt. Advocate for the respondent/State.
Appellants-Kalabai, Shardabai, Kamlabai, Santubai and Sugribai are present in person. They are duly identified by their counsel and their presence is marked.
Heard learned counsel for the parties on IA Nos.8902/2019, an application for condonation of previous non-appearance of appellants- Kalabai, Shardabai, Kamlabai, Santubai and Sugribai on 13/05/2019 before the registry of this Court.
Looking to the reasons assigned in the application, which is also supported with the affidavit of appellant No.1-Kalabai sufficient ground is made out to condone the previous non-appearance of the appellants before the Registry of this Court on 13/05/2019.
Accordingly IA No.8902/2019 is allowed and previous non- appearance of appellants- Kalabai, Shardabai, Kamlabai, Santubai and Sugribai before the Registry this Court on 13/05/2019 is hereby condoned .
Appellants are directed to mark their presence before the Registry of this Court on 14/07/2020 and on all other subsequent dates as may be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
393
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44542/2019x Indore dated : 02/11/2019 Shri R.R. Trivedi, learned counsel for the applicant. Shri Arvind Yadav, learned Public Prosecutor for the respondent /State.
Heard. Case diary perused.
This is first application under Section 438, Cr.P.C. applicant is apprehending his arrest in connection with Crime No.292/2019 registered at Police-Station-Bhanpura, District-Mandsaur, for the offence punishable under Sections 363 and 366 of the IPC .
After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this application filed under Section 438 of the Cr.P.C. with liberty to surrender before the trial Court/competent Court and moved an appropriate application for regular bail.
Prayer is allowed.
Accordingly, present application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
394
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44532/2019x Indore dated :02/11/2019 Shri Abhishek Rathore, learned counsel for the applicant. Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.213/2019, registered at Police Station-Baghana, District-Neemuch concerning offence under Sections 363, 366(A), 376(2)(n) and 506 of the IPC alongwith Sections 3/4 and 5/6 of Protection of Children from Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application with liberty to renew his prayer after recording the court statement of the prosecutrix .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 395 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4529/2019x Indore dated : 02/11/2019 Parties through their counsel.
Learned counsel for the applicant prays for and is granted time to argue on IA No. 8694/2019, repeat (second) application filed under Section 397 of the Cr.P.C. for suspension of custodial sentence moved on behalf of applicant-Santosh.
List after eight weeks.
(S.K. Awasthi)
skt Judge
396
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 8827/2019x Indore dated : 02/11/2019 Shri Anshul Shrivastava, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard on the question of admission. Appeal is admitted for final hearing. Let record of the trial Court be called for. Learned Public Prosecutor prays for and is granted three weeks time to file the reply of IA No. 8390/2019, first application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant-Nathu Dindore.
List after three weeks for consideration of IA No. 8390/2019.
(S.K. Awasthi)
skt Judge
397
THE HIGH COURT OF MADHYA PRADESH Cr.A. Nos. 607/2015 & 762/2015x Indore dated : 02/11/2019 Parties through their counsel.
Learned counsel for the respondent/CBN prays for and is granted one weeks to argue the matter.
List in the next week.
Office is directed to reflect the name of Shri Manoj Soni in the cause list on behalf of learned counsel for the respondent/CBN.
(S.K. Awasthi)
skt Judge
398
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1042/2016x Indore dated : 02/11/2019 Ms. Surabhi, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter on IA No. 8676/2019, repeat (third) application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant-Phiroz Khan.
List after three months.
(S.K. Awasthi)
skt Judge
399
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43633/2019x Indore dated : 02/11/2019 Shri P.K. Vishwakarma, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
On payment of process-fee within seven working days, let notice be issued to respondent No.2 by ordinary as well as by registered-AD mode. Notice be made returnable within four weeks.
List thereafter.
(S.K. Awasthi)
skt Judge
400
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44579/2019x Indore dated :02/11/2019 Shri Ashish Gupta, learned counsel for the applicant. Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.133/2019, registered at Police Station-Udaygarh, District-Alirajpur concerning offence under Sections 376 and 506 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application with liberty to renew his prayer after recording the court statement of the prosecutrix .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 401 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44604/2019x Indore dated : 02/11/2019 Shri M.L. Patidar, learned counsel for the applicant. Shri Arvind Yadav, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant prays for and is granted one weeks time to argue the matter.
List in the next week.
(S.K. Awasthi)
skt Judge
402
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.24478/2019x Indore dated : 01/11/2019 Shri Yogesh Kumar Gupta, learned Public Prosecutor for the applicant/State.
Learned Public Prosecutor is directed to file the certified copy of judgment dated 26/10/2017 passed by Judicial Magistrate First Class, Rajpur, District-Barwani in Criminal Case No. 597/2011.
List after three weeks.
(S.K. Awasthi)
skt Judge
403
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.26454/2019x Indore dated : 01/11/2019 Parties through their counsel.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the next week.
(S.K. Awasthi)
skt Judge
404
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 8386/2019x Indore dated : 01/11/2019 Shri Sachin Parmar, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant accepted that custodial sentence of the appellant has been suspended by the trial Court till 31/10/2019 and now the said period is already over.
Learned counsel for the appellant is directed to make surrender the appellant before the trial Court, thereafter, IA No. 8049/2019, an application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant-Kamal will be considered.
(S.K. Awasthi)
skt Judge
405
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44811/2019x Indore dated : 01/11/2019 Shri Dharmendra Chelawat, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent Nos.1 and 2/State.
Shri Yogesh Kumar Gupta, accepts the notice on behalf of respondent Nos. 1 and 2, therefore, no separate notice is required for the aforesaid respondents.
On payment of process-fee with three working days, let notice be issued to respondent Nos. 3 and 4 on admission and IA No. 8726/2019, an application for stay by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.
List thereafter.
(S.K. Awasthi)
skt Judge
406
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44801/2019x Indore dated : 01/11/2019 Shri Dharmendra Chelawat, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent Nos.1 and 2/State.
Shri Yogesh Kumar Gupta, accepts the notice on behalf of respondent Nos. 1 and 2, therefore, no separate notice is required for the aforesaid respondents.
On payment of process-fee with three working days, let notice be issued to respondent Nos. 3 and 4 on admission and IA No. 8722/2019, an application for stay by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.
List thereafter.
(S.K. Awasthi)
skt Judge
407
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44807/2019x Indore dated : 01/11/2019 Shri Dharmendra Chelawat, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent Nos.1 and 2/State.
Shri Yogesh Kumar Gupta, accepts the notice on behalf of respondent Nos. 1 and 2, therefore, no separate notice is required for the aforesaid respondents.
On payment of process-fee with three working days, let notice be issued to respondent Nos. 3 and 4 on admission and IA No. 8725/2019, an application for stay by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.
List thereafter.
(S.K. Awasthi)
skt Judge
408
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9070/2016x Indore dated : 01/11/2019 Shri P.K. Shukla, learned counsel for the applicants. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
At the request of learned counsel for the applicants, the case is adjourned.
List after two weeks.
(S.K. Awasthi)
skt Judge
409
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44140/2019x Indore dated : 01/11/2019 Ms. Nidhi Bohra, learned counsel for the applicant. Let record of the trial Court be called for. List immediately after receipt of the record.
(S.K. Awasthi)
skt Judge
410
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.155/2017x Indore dated : 01/11/2019 Parties through their counsel.
List alongwith Cr.A. No. 1287/2016.
(S.K. Awasthi)
skt Judge
411
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1287/2016x Indore dated : 01/11/2019 Parties through their counsel.
Record of the trial Court is still awaited. Office is directed to call for the record of the trial Court and list the matter immediately after received of the record.
(S.K. Awasthi)
skt Judge
412
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10900/2017x Indore dated : 01/11/2019 Parties through their counsel.
Leaned counsel for the applicants submitted that the arguing counsel is not available today, therefore, he prays for time to argue the matter.
Prayer is allowed.
List in the week commencing 25/11/2019.
(S.K. Awasthi)
skt Judge
413
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.35477/2018x Indore dated : 01/11/2019 None for the applicants.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent /State.
Learned counsel for the applicants has not complied with order dated 20/09/2019, whereby he has been directed to file the entire copy of the charge-sheet.
Learned counsel for the applicants further granted two weeks time to file the entire copy of the charge-sheet, failing which present petition filed under Section 482 of the Cr.P.C. shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi)
skt Judge
414
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 46342/2019x Indore dated : 01/11/2019 Ms. Kiran Pal, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent /State.
Learned counsel for the applicant prays for and is granted three weeks' time to file the entire copy of the charge, failing which present petition filed under Section 482 of the Cr.P.C. shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi)
skt Judge
415
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43186/2019x Indore dated :01/11/2019 Shri S.S. Nahar, learned counsel for the applicants. Shri Ankit Khare, learned Public Prosecutor for the respondent/State.
Shri A.K. Saxena, learned counsel for the complainant/Objector.
Learned counsel for the applicants prays for and is granted two weeks time to moved an appropriate application for impleading the complainant as respondent No.2 in the petition.
List after two weeks.
(S.K. Awasthi) Judge skt 416 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.42638/2019x Indore dated :01/11/2019 Shri Vikas Jain, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (second) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.45/2019, registered at Police Station-Nahargarh, District-Mandsaur concerning offence under Sections 420 and 182 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application with liberty to moved an application under Section 437(6) of the Cr.P.C. before the trial Court at an appropriate stage.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 417 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 44303/2019x Indore dated :01/11/2019 Shri Manoj Saxena, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted one weeks time to file some relevant documents.
List in the week commencing 11/11/2019.
(S.K. Awasthi) Judge skt 418 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42190/2019x Indore dated :01/11/2019 Shri R.S. Bais, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Case-diary is available, however, the police has also added offence under Section 3(2)(v) of the SC/ST(PA) Act, 1989 against the applicant, therefore, learned Public Prosecutor is directed to comply with the provisions of Section 15(A)(III) of the SC/ST(PA) Act, 1989.
Learned counsel for the applicant prays for and is granted one weeks time to moved an appropriate application for converting the present application filed under Section 439 of the Cr.P.C. into Criminal Appeal filed under Section 14(A)(2) of the SC/ST(PA) Act, 1989.
List in the next week.
(S.K. Awasthi) Judge skt 419 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 944/2019x Indore dated :01/11/2019 Shri K.K. Tiwari, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this revision petition filed under Section 397/401 of the Cr.P.C.
Prayer is allowed.
Accordingly, this revision petition is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 420 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 3889/2019x Indore dated :01/11/2019 Ms. Vinita Dwivedi, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
From the perusal of the record it appears that copy of statement of the witnesses is not available on record.
Learned counsel for the applicant is directed to file the entire copy the charge-sheet.
List after three weeks.
(S.K. Awasthi) Judge skt 421 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41765/2019x Indore dated :31/10/2019 Parties through their counsel.
Case-diary is available.
Learned counsel for the applicant prays for and is granted one weeks time to argue the matter.
List in the next week.
(S.K. Awasthi) Judge skt 422 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38533/2019x Indore dated : 31/10/2019 Shri A.K. Saxena, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent /State.
Shri Mehul Verma, learned counsel for the complainant/objector.
Heard. Case diary perused.
This is repeat (second) application under Section 438, Cr.P.C. applicant is apprehending his arrest in connection with Crime No.414/2018 registered at Police-Station-Kishanganj, District-Indore, for the offence punishable under Section 420 of the IPC.
After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this application filed under Section 438 of the Cr.P.C. with liberty to surrender before the trial Court/competent Court and moved an appropriate application for regular bail.
Prayer is allowed.
Accordingly, present application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
423
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 40659/2019x Indore dated :31/10/2019 Parties through their counsel.
At the request of learned counsel for the applicant, the case is adjourned.
List on 05/11/2019.
(S.K. Awasthi) Judge skt 424 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43291/2019x Indore dated :31/10/2019 Shri Prateek Jain, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (fourth) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.51/2019, registered at Police Station-Bhanwarkunwa, District-Indore concerning offence under Section 376(2)(n) of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application with liberty to renew his prayer after recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 425 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 43687/2019x Indore dated :31/10/2019 None for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
None appeared on behalf of the applicant, even in the second round, which clearly indicates that the applicant is no longer interested in prosecuting this petition filed under Section 439 of the Cr.P.C.. Accordingly, the present petition is dismissed for want of prosecution.
(S.K. Awasthi) Judge skt 426 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 43956/2019x Indore dated :31/10/2019 None for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
None appeared on behalf of the applicant, even in the second round, which clearly indicates that the applicant is no longer interested in prosecuting this petition filed under Section 439 of the Cr.P.C.. Accordingly, the present petition is dismissed for want of prosecution.
(S.K. Awasthi) Judge skt 427 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. Nos. 44101/2019 & 44107/2019x Indore dated :31/10/2019 Parties through their counsel.
Case-diary is available.
Learned counsel for the applicant prays for and is granted one weeks time to argue the matter.
List in the next week.
(S.K. Awasthi) Judge skt 428 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44190/2019x Indore dated :31/10/2019 Shri A.K. Saraswat, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (third) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.831/2016, registered at Police Station-Rajendra Nagar, District-Indore concerning offence under Sections 420, 467, 468, 471 and 120(B) of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn, however, the trial Court is directed to expedite the trial.
(S.K. Awasthi) Judge skt 429 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. Nos.42381/2019 & 44312/2019x Indore dated :31/10/2019 Parties through their counsel.
Learned Public Prosecutor is directed to submit the FSL report by next date of hearing positively.
List in the week commencing 11/11/2019.
(S.K. Awasthi) Judge skt 430 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.8931/2019x Indore dated :31/10/2019 Shri R.S. Bais, learned counsel for the appellant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent /State.
Heard. Case diary perused.
The appellant has preferred this repeat (second) appeal under Section 14(A)(2) of the SC/ST (PA) Act, 1989 for grant of bail in connection with Crime No.7/2019, registered at Police Station- Khetegaon, District-Dewas, concerning offences punishable under Sections 363 and 376 of the IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 alongwith Sections 3(2)
(v) and 3(1)(w) of SC/ST(PA) Act, 1989.
Earlier appeal of the appellant has been dismissed by this Court vide order dated 26/07/2019 passed in Cr.A. No. 6053/2019 granting liberty to renew his prayer after recording the court statement of the prosecutrix.
Learned counsel for the appellant has submitted that now the case is listed before the trial court on 04/11/2019 for recording the court statement of the prosecutrix, therefore, the present appeal is premature. Under these circumstances, he seeks permission of this Court to withdraw this appeal.
Prayer is allowed.
Accordingly, the present appeal stands dismissed as withdrawn.
(S.K. Awasthi) Judge skt 431 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.42530/2019x Indore dated :31/10/2019 Shri R.K. Jawa, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Learned Public Prosecutor is directed to verify the documents filed by the applicant in support of his bail application and submit its verification report by next date of hearing positively.
List in the week commencing 11/11/2019.
(S.K. Awasthi) Judge skt 432 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.42379/2019x Indore dated :31/10/2019 Shri Sanjay Sharma, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.253/2019, registered at Police Station-Jiwajiganj, District-Ujjain concerning offence under Sections 376, 342 and 506 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 433 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40265/2019x Indore dated :31/10/2019 Shri N.J. Dave, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (third) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.08/2018, registered at Police Station-Jawad, District-Neemuch concerning offence under Sections 8/15, 29 and 25 of the Narcotic and Psychotropic Substances Act, 1985.
After arguing at length on the merit of the case, learned counsel for the applicants seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 434 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40438/2019x Indore dated : 31/10/2019 Shri A.K. Saraswat, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent /State.
Heard. Case diary perused.
This is first application under Section 438, Cr.P.C. applicant is apprehending his arrest in connection with Crime No.416/2017 registered at Police-Station-Petlawad, District-Jhabua, for the offence punishable under Section 363, 366 and 376(2)(n) of the IPC alongwith Section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012.
After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this application filed under Section 438 of the Cr.P.C. with liberty to surrender before the trial Court/competent Court and moved an appropriate application for regular bail.
Prayer is allowed.
Accordingly, present application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
435
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44098/2019x Indore dated :31/10/2019 Shri O.P. Solanki, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-diary by next date of hearing positively.
List in the next week.
(S.K. Awasthi) Judge skt 436 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.44021/2019x Indore dated :31/10/2019 Shri Himanshu Thakur, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant prays for and is granted one weeks time to file some relevant documents.
List in the next week.
(S.K. Awasthi) Judge skt 437 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 43274/2019x Indore dated :31/10/2019 Shri Prateek Jain, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
It is submitted that the arguing counsel is not available today to argue the matter, hence, learned counsel for the applicant prays for and is granted time to argue the matter.
List in the next week.
(S.K. Awasthi) Judge skt 438 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1393/2009x Indore dated :31/10/2019 None for the appellant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
According to the report received from the Jail Superintendent, Central Jail, Barwani dated 25/07/2019, the appellant has already suffered the jail sentence awarded by the First Additional Sessions Judge, Barwani in S.T. No. 124/2008 vide judgment dated 06/10/2009 and after completion of the jail sentence he has already been released from the Jail on 07/10/2014.
Looking to the fact that the appellant has already suffered the jail sentence awarded to him by the trial Court, present appeal has become rendered infructuous. Accordingly, this appeal is dismissed as having been rendered infructuous.
Let record of the court below be sent to the concerned trial Court alongwith copy of this order for information.
(S.K. Awasthi) Judge skt 439 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 44039/2019 Indore dated :31/10/2019 Shri Tanuj Dixit, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Learned Public Prosecutor is directed to verify the documents filed by the applicant in support of his bail application and submit its report by next date of hearing positively.
List in the next week.
(S.K. Awasthi) Judge skt 440 THE HIGH COURT OF MADHYA PRADESH EP No. 43/2019x Indore dated :31/10/2019 Shri Abhinav P. Dhanodkar, learned counsel for the petitioner.
Shri Ravindra Bhawsar, learned counsel for the respondent. Learned counsel for the respondent prays for and is granted three days time to move appropriate application.
List on 04/11/2019.
(S.K. Awasthi) Judge skt 441 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4887/2019x (Jeevan Vs. State of M.P.) Indore, Dated:18/10/2019 Shri Ankit Kesharwani, learned counsel for the appellant. Heard learned counsel for the applicant on IA No.8187/2019, first application under Section 397(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the applicant-Jeevan.
The applicant has been convicted and sentenced by Third Additional Sessions Judge, Dhar vide judgment dated 20/09/2019 passed in Criminal Appeal No. 104/2018 as under:
Name Conviction Sentence compensation In lieu of appellants amount Jeevan Under Section 138 of the 6 months RI Rs.3.50 Lacs 2 months SI Negotiable Instruments Act, 1881 Learned counsel for the applicant submits that the applicant was on bail during trial as well as in the appeal and he did not misuse the liberty granted to him. The applicant is in custody since pronouncement of the judgment of the appellate Court and he has already suffered half of the custodial sentence. There are fair chances of success of this revision and there is no likelihood of hearing of the revision in near future. If the remaining custodial sentence of the applicant is not suspended then revision filed by him may turn infructuous. The applicant is ready to deposit the compensation amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the applicant.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the applicant.
Accordingly, I.A. No. 8187/2019 is allowed and it is directed that subject to depositing compensation amount of Rs.3.50 Lacs and on 442 furnishing personal bond by applicant-Jeevan in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the applicant shall remain suspended, till the final disposal of this revision.
The applicant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 05/02/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
On payment of process-fee within seven working days let notice be issued to the respondent by ordinary as well as by registered AD mode. Notice be made returnable within six weeks.
In the meanwhile record of the courts' below be called for.
List the revision on the question of admission after six weeks.
(S.K. Awasthi)
skt Judge
443
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.8715/2019x ( Karan Singh @ Gillu Vs. State of M.P.) Indore, Dated:18/10/2019 Shri Harshwardhan Sharma, learned counsel for the appellant. Shri Ankit Khare, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.8330/2019, first application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellant-Karan Singh @ Gillu.
The appellant has been convicted and sentenced by First Additional Sessions Judge to the Court of Third Additional Sessions Judge, Rajgah (Biaora) vide judgment dated 26/09/2019 passed in Sessions Trial No. 381/2017 as under:
Name Conviction Sentence Fine In lieu of appellants amount Karan Singh Under Section 354 of the 2 years RI Rs.5,000/- 2 months RI IPC @ Gillu Learned counsel for the appellant submits that the appellant was on bail during trial and he did not misuse the liberty granted to him. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future. If the remaining custodial sentence of the appellant is not suspended then appeal filed by thim may turn infructuous. The appellant is ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and 444 facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellants.
Accordingly, I.A. No.8330/2019vis allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant-Karan Singh @ Gillu in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
(S.K. Awasthi)
skt Judge
445
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.8636/2019x (Shaikh Salim & Ors. Vs. State of M.P.) Indore, Dated:18/10/2019 Shri Imran Khan, learned counsel for the appellants. Shri Ankit Khare, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.8263/2019, first application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellants-Shaikh Salim, Sadiq @ Kala, Arbaz and Akash.
The appellants have been convicted and sentenced by Special Judge (Protection of Children from Sexual Offences Act, 2012), East Nimar-Mandleshwar vide judgment dated 27/09/2019 passed in Special Case No. 240/2018 as under:
Name Conviction Sentence Fine In lieu of appellants amount Shaikh Salim, Under Section 12 of 6 months RI Rs.500/- 1 months RI Sadiq @ Protection of Children
Kala, Arbaz from Sexual Offences Act, 2012.
and Akash Learned counsel for the appellants submits that the appellants were on bail during trial and they did not misuse the liberty granted to them. The custodial sentence of appellants have already been suspended by the trial Court till 24/10/2019. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future. If the remaining custodial sentence of the appellants is not suspended then appeal filed by the appellants may turn infructuous. The appellants are ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellants.446
On the other hand, learned Public Prosecutor for the respondent opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellants.
Accordingly, I.A. No.8263/2019 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellants-Shaikh Salim, Sadiq @ Kala, Arbaz and Akash in the sum of Rs.50,000/- (Rupees Fifty Thousand only)each with one separate solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
(S.K. Awasthi)
skt Judge
447
THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 2666/2019x Indore dated 18/10/2019 Parties through their counsel.
At the joint request of learned counsel for the parties, the case is adjourned.
List on 02/11/2019.
(S.K. Awasthi) Judge skt 448 THE HIGH COURT OF MADHYA PRADESH Cr.A. 8396/2019x Indore dated 18/10/2019 Shri Atul Chanchodiya, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Let record of the court below be called for. List immediately after received of the record for consideration of IA No.8057/2019, an application filed under section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellants.
(S.K. Awasthi) Judge skt 449 THE HIGH COURT OF MADHYA PRADESH Cr.A. 8380/2019x Indore dated 18/10/2019 Shri Atul Chanchodiya, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Let record of the court below be called for. List immediately after received of the record for consideration of IA No.8044/2019, an application filed under section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant.-Shivram.
(S.K. Awasthi) Judge skt 450 THE HIGH COURT OF MADHYA PRADESH Cr.R. 5021/2019x Indore dated 18/10/2019 Ms. Seema Maheshwari, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Let record of the courts' below be called for. List immediately after received of the record for consideration of IA No. 8364/2019, an application filed under section 397(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant.-Rakesh.
(S.K. Awasthi) Judge skt 451 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 39653/2019x Indore dated 18/10/2019 Shri Vikas Jain, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List on 02/11/2019.
(S.K. Awasthi) Judge skt 452 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.8493/2019x (Abdul Khan Vs. State of M.P.) Indore, Dated:16/10/2019 Shri Manish Yadav, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard on the question of admission. The appeal is admitted for final hearing. Shri Yogesh Kumar Gupta, accepts the notice on behalf of the respondent, therefore, no separate notice is required.
Let record of the trial Court be called for. Also heard learned counsel for the parties on IA No. 8141/2019, an application filed under Section 389(1) of the Cr.P.C. read with Section 14(A)(2) of the SC/ST(PA) Act, 1989 for suspension of custodial sentence moved on behalf of appellant-Abdul Khan.
The appellant has been convicted and sentenced by Special Judge (SC/ST(PA) Act, 1989), Shajapur vide judgment dated 24/09/2019 passed in Special Case No. 90/2018 as under:
Name Conviction Sentence Fine In lieu of amount appellant Abdul Under Section 354 One years Rs.1,000 3 months Khan of the IPC RI /- SI
Under Section 3(2) One years Rs.1,000 3 months
(v)(a) of SC/ST(PA) RI /- RI Act, 1989 Learned counsel for the appellant has submitted that the appellant has already been released on bail by the trial Court; and prays for grant of interim bail and suspension of jail sentence.
Keeping in view the facts and circumstances of the case in its entirety, particularly during the period of imprisonment imposed upon 453 the appellant, the jail sentence of rigorous imprisonment has already been suspended by the trial Court under Section 389 (3) of the Code of Criminal Procedure, 1973 up to 24/10/2019, the appellant deserves to be released on interim bail.
It is directed that the appellant shall be released on interim bail, on deposit of fine amount, if not already deposited; and furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his appearance before this Court on 29/01/2020, and the remaining part of the jail sentence imposed against the appellant shall remain suspended for a period of one month.
Let notice of interlocutory application be issued to the victim in compliance of Section 15 (A) (III) of the the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.
List the matter for consideration of IA No. 8141/2019 on 13/11/2019.
C. c. as per rules.
(S.K. Awasthi)
skt Judge
454
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 13941/2018x Indore dated 16/10/2019 None for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Shri Sanjay Mandloi- SHO, Police-Station-Neelganga, District- Ujjain is present in person.
Mr. Mandloi submitted that respondent No4-Smt. Uma Mittal and respondent No.5- Smt. Bhavna were not found on the given address and they are absconded. It is further submitted that according to source information, now they are residing at Kota (Rajasthan) and he will make every efforts to arrest the aforesaid accused persons, therefore, he prayed for one month's time to arrest them.
Looking to the aforesaid reasons assigned by SHO, Police- Station-Neelganga, Ujjain prayer is allowed.
List on 13/11/2019 alongwith the report of SHO, Police- Station-Neelganga, Ujjain regarding efforts made by him to arrest the absconded accused persons.
(S.K. Awasthi) Judge skt 455 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.41104/2019x Indore dated :16/10/2019 Shri Vinay Puranik, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.351/2019, registered at Police Station-Barotha, District-Dewas concerning offence under Sections 376, 506 and 450 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application with liberty to renew his prayer after recording the court statement of the prosecutrix.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 456 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 38508/2019x Indore dated 16/10/2019 Shri Surendra Tuteja, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one weeks time to produce the case-diary.
List on 06/11/2019.
(S.K. Awasthi) Judge skt 457 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41661/2019x Indore dated 16/10/2019 None for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
None appeared on behalf of the applicant, even in the second round, which clearly indicates that the applicant is no longer interested in prosecuting this petition filed under Section 439 of the Cr.P.C.. Accordingly, the present petition is dismissed for want of prosecution.
(S.K. Awasthi) Judge skt 458 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 8540/2019x Indore dated :16/10/2019 Shri Gajendra Sharma, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard on the question of admission. Appeal is admitted for final hearing. Let record of the trial Court be called for. List the appeal for final hearing in due course.
(S.K. Awasthi) Judge skt 459 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 49685/2018x Indore dated :16/10/2019 Parties through their counsel.
At the request of learned counsel for the applicant, list the case on 28/11/2019.
(S.K. Awasthi) Judge skt 460 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42327/2019x Indore dated :16/10/2019 Parties through their counsel.
At the request of learned Senior counsel for the applicants, list the case on 21/10/2019.
(S.K. Awasthi) Judge skt 461 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.8515/2019x (Gopal Singh & Ors. Vs. State of M.P.) Indore, Dated:16/10/2019 Shri A.S. Parihar, learned counsel for the appellants. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.8175/2019, first application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellants- Gopal Singh and Shankar Singh.
The appellants have been convicted and sentenced by Third Additional Sessions Judge, Dewas vide judgment dated 18/09/2019 passed in Special Case No. 299/2018 as under:
Name Conviction Sentence Fine In lieu of appellants amount Goapl Singh Under Section 323 of the 6 months RI Rs.500/- 1 months RI and Shankar IPC Singh Under Section 323/34 of 6 months RI Rs.500/- 1 months RI the IPC Learned counsel for the appellants submits that the appellants were on bail during trial and they did not misuse the liberty granted to them. The custodial sentence of appellants have already been suspended by the trial Court till 17/10/2019. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future. If the remaining custodial sentence of the appellants is not suspended then appeal filed by the appellants may turn infructuous. The appellants are ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellants.
On the other hand, learned Public Prosecutor for the respondent 462 opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellants.
Accordingly, I.A. No.8175/2019 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellants-Gopal Singh and Shankar Singh in the sum of Rs.50,000/- (Rupees Fifty Thousand only)each with one separate solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
Record of the trial Court be called for.
List immediately after receipt of the record on the question of admission.
(S.K. Awasthi)
skt Judge
463
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.8610/2019x (Kailash Narayan Vs. State of M.P.) Indore, Dated:16/10/2019 Shri Prateek Jain, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.8241/2019, first application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellant-Kailash Narayan.
The appellant has been convicted and sentenced by Second Additional Sessions Judge, Shujalpur, District-Shajapur vide judgment dated 27/09/2019 passed in Special Case No. 87/2019 as under:
Name Conviction Sentence Fine In lieu of appellant amount Kailash Under Section 11 of Three years RI Rs.3,000/- 6 months SI Narayan Protection of Children from Sexual Offences Act, 2012 (on two counts) Learned counsel for the appellant submits that the appellant was on bail during trial and he did not misuse the liberty granted to him. The custodial sentence of appellant has already been suspended by the trial Court till 24/10/2019. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future. If the remaining custodial sentence of the appellant is not suspended then appeal filed by the appellant may turn infructuous. The appellant is ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent opposed the prayer and prayed for rejection of the application.464
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellant.
Accordingly, I.A. No.8241/2019 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant-Kailash Narayan in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
Record of the trial Court be called for.
List immediately after receipt of the record on the question of admission.
(S.K. Awasthi)
skt Judge
465
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42011/2019x Indore dated :16/10/2019 Shri Virendra Sharma, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one weeks time to produce the case-diary.
List on 31/10/2019.
(S.K. Awasthi) Judge skt 466 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42013/2019x Indore dated :16/10/2019 Shri Virendra Sharma, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one weeks time to produce the case-diary.
List on 31/10/2019..
(S.K. Awasthi) Judge skt 467 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42057/2019x Indore dated :16/10/2019 Shri S.A. Warsi, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
From the perusal documents, it appears that statement of injured-Meharban Singh is not available alongwith the case-diary.
Learned Public Prosecutor prays for and is granted one weeks time to produce the complete case-diary.
List on 31/10/2019.
(S.K. Awasthi) Judge skt 468 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42080/2019x Indore dated :16/10/2019 Shri Manan Dhakad, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one weeks time to produce the case-diary.
List on 31/10/2019.
(S.K. Awasthi) Judge skt 469 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 42190/2019x Indore dated :16/10/2019 Shri R.S. Bais, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one weeks time to produce the case-diary.
List on 01/11/2019.
(S.K. Awasthi) Judge skt 470 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.31101/2019x Indore dated :16/10/2019 Shri Virendra Sharma, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Service report of notice issued against the respondent No.2 is still awaited.
Office is directed to collect the service report and list the matter alongwith service report.
(S.K. Awasthi) Judge skt 471 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.35465/2019x Indore dated :16/10/2019 Shri P.K. Lalwani, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.327/2019, registered at Police Station-Neemuch City, District-Neemuch concerning offence under Sections 376(c), 376(2)(a), 342 and 506 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicants seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 472 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 39401/2019x Indore dated :16/10/2019 Parties through their counsel.
Learned counsel for the applicant prays for and is granted seven working days time to cure the defect pointed out by the Office.
List thereafter.
(S.K. Awasthi) Judge skt 473 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.30434/2019x Indore dated :16/10/2019 Parties through their counsel.
Learned counsel for the applicant prays for and is granted seven working days time to cure the defect pointed out by the Office.
List thereafter.
(S.K. Awasthi) Judge skt 474 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 7025/2019x Indore dated :16/10/2019 Parties through their counsel.
Learned counsel for the appellant prays for and is granted seven working days time to cure the defects pointed out by the Office.
List thereafter.
(S.K. Awasthi) Judge skt 475 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37714/2019x Indore dated :16/10/2019 Parties through their counsel.
Learned counsel for the applicant prays for and is granted seven working days time to cure the defects pointed out by the Office.
List thereafter.
(S.K. Awasthi) Judge skt 476 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 801/2016x Indore dated :15/10/2019 None for the appellant.
Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Chandra Bhan Singh Chadhar-SHO-Police-Station-Sector-I, Pithampur, District-Dhar is present in person before this Court and he has filed the report of non-bailable warrant issued against appellant- Shyamsingh @ Samrathsingh @ Samandarsingh @ Jitendra S/o Surendra Singh Rajput alongwith his affidavit.
According to the reply filed by Shri Chadhar, the appellant is a habitual offender and six criminal cases has been registered against him and he was absconded for a long time, therefore, he could not found on the given address. He also submitted that due to some inadvertent mistake service report of non-bailable warrant of arrest of appellant has been submitted before the Court of Chief Judicial Magistrate, Dhar on 06/07/2019 and for the said lapse, he tendered unconditional apology before this Court.
Looking to the aforesaid reply, notice issued against the SHO, Police-station-Pithampur, District-Dhar is hereby recalled.
Learned Public Prosecutor submitted that as per report received from District-Jail, Dhar on 10/10/2019, the appellant has been arrested by the Police on 18/09/2018 in connection with Crime No. 534/2018 for commission of offence under Section 379 of the IPC and he is detained in District-Jail-Dhar.
Office is directed to issue production warrant against appellant- Shyamsingh @ Samrathsingh @ Samandarsingh @ Jitendra S/o Surendra Singh Rajput for securing his presence before this Court on 19/11/2019.
List on 19/11/2019
(S.K. Awasthi)
skt Judge
477
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 10540/2017x Indore dated :15/10/2019 Mrs. Sangita Choudhary, learned Public Prosecutor for the applicant/State.
None for the respondents.
Heard learned counsel for the applicant on IA No. 4892/2019, an application filed under Section 5 of the Limitation Act for condonation of delay of 116 days in preferring the present petition.
Looking to the reasons assigned in the application, which is also supported with the affidavit of Rajesh Jaiswal, Food Safety Inspector, Municipal Corporation, Indore, sufficient ground is made out to condone the delay. Accordingly, IA No. 4892/2019 is allowed and delay of 116 days in filing the present petition is hereby condoned.
Let record of the trial court be called for. List immediately after received of the record on the question of admission.
(S.K. Awasthi) Judge skt 478 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 10900/2017x Indore dated :15/10/2019 Parties through their counsel.
Learned counsel for the applicants is directed to comply with order dated 15/04/219 within three working days, failing which present petition filed under Section 482 of the Cr.P.C. shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi) Judge skt 479 THE HIGH COURT OF MADHYA PRADESH Cr.R. 3424/2018x Indore dated :15/10/2019 Shri Sapnesh H. Jain, learned counsel for the applicant. Shri M.A. Mansoori, learned counsel for the respondent. Learned counsel for the parties submitted that the parties have amicably settled their disputes and entered into the compromise, hence, they prayed for listing the matter before National Lok Adalat, which is scheduled to be held on 14/12/2019.
Prayer is allowed.
Office is directed to list the matter on 14/12/2019 before National Lok Adalat.
(S.K. Awasthi) Judge skt 480 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 4643/218x Indore dated :15/10/2019 None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
As per the Office report, appellant No.1-Gulsingh did not mark his presence before the Registry of this Court on 01/10/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appellant No.1-Gulsingh for securing his presence before this court on 27/11/219.
List on 27/11/2019.
(S.K. Awasthi) Judge skt 481 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 8741/2018x Indore dated :15/10/219 Shri Manan Dhakad, learned counsel for the appellant. Mrs. Sangita Choudhary, learned Govt. Advocate for the respondent/State.
Appellant-Lalit Damami is present in person. He is duly identified by his counsel and his presence is marked.
Heard learned counsel for the parties on IA Nos.8432/2019, an application for condonation of previous non-appearance of appellant on 12/09/2019 before the registry of this Court.
Learned counsel for the appellant submitted that due to the reason of heavy rainfall, the appellant could not mark his presence before the Registry of this Court on 12/09/2019.
Looking to the reasons assigned in the application, which is also supported with the affidavit of appellant-Lalit sufficient ground is made out to condone the previous non-appearance of the appellant before the Registry of this Court on 12/09/2019.
Accordingly IA No.8432/2019 is allowed and previous non- appearance of appellant before the Registry this Court on 12/09/2019 is hereby condoned .
Appellant-Lalit is directed to mark his presence before the Registry of this Court on 28/01/2020 and on all other subsequent dates as may be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
482
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37125/2018x Indore dated :15/10/2019 Shri Imran Khan, learned counsel for the applicant. None for the respondents.
Heard learned counsel for the applicant on IA No. 2809/2019, an application filed under Section 5 of the Limitation Act for condonation of delay of 104 days in preferring the present petition.
None appeared on behalf of the respondents to opposed the application.
Looking to the reasons assigned in the application, which is also supported with the affidavit of the applicant, sufficient ground is made out to condone the delay. Accordingly, IA No. 2809/2019 is allowed and delay of 104 days in filing the present petition is hereby condoned.
Let record of the trial court be called for. List immediately after received of the record on the question of admission.
(S.K. Awasthi) Judge skt 483 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.2122/2019x Indore dated :15/10/2019 Shri Pankaj Kumar Jain, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No. 3935/2019, an application filed under Section 5 of the Limitation Act for condonation of delay of 24 days in preferring the present appeal.
Learned counsel for the appellant submitted that the appellant is in jail after the conviction order passed by the trial Court, therefore, he could not file the present appeal within stipulated time period.
Learned Public Prosecutor has not raised any serious objection in allowing this application.
Looking to the reasons assigned in the application, which is also supported with the affidavit of learned counsel for the appellant, sufficient ground is made out to condone the delay. Accordingly, IA No. 3935/219 is allowed and delay of 24 days in filing the present appeal is hereby condoned.
Let record of the trial court be called for. List immediately after received of the record on the question of admission.
(S.K. Awasthi) Judge skt 484 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 2215/2019x Indore dated :15/10/2019 Shri L.R. Bhatnagar, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant submitted that he has already cured all the defects pointed out by the Office.
Office is directed to verify the same and list the matter accordingly after a week.
(S.K. Awasthi) Judge skt 485 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 2489/219x Indore dated :15/10/2019 Shri Yogesh Kumar Gupta, learned Public Prosecutor for the applicant/State.
Learned Public Prosecutor further prays for and is granted ten working days time to cure the defects pointed out by the Office.
List thereafter.
(S.K. Awasthi) Judge skt 486 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 3134/2019x Indore dated :15/10/2019 Shri Yogesh Kumar Gupta, learned Public Prosecutor for the applicant/State.
On payment of process-fee within seven working days, let notice be issued to respondent on admission as well as on IA No. 5630/2019, an application filed under Section 5 of the Limitation Act for condonation of delay of 200 days in preferring this revision petition by ordinary and registered AD mode. Notice be made returnable within six weeks.
(S.K. Awasthi) Judge skt 487 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 3174/219x Indore dated :15/10/2019 Shri V.K. Gangwal, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondents/State.
Learned counsel for the applicant prays for fixed date to keep present the appellant before this Court.
Prayer is allowed.
List the matter on 13/11/2019 for personal appearance of applicant- Goverdhan before this Court.
(S.K. Awasthi) Judge skt 488 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 3898/2019x Indore dated :15/10/2019 None for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Considered IA No. 6543/2019, an application for permission to file the charge-sheet without typed copy.
From perusal of the documents filed alongwith the charge-sheet, IA No. 6543/2019 is dismissed.
Applicant is directed to file the typed copy of the charge-sheet.
(S.K. Awasthi) Judge skt 489 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4338/2019x Indore dated :15/10/2019 Parties through their counsel.
Learned counsel for the complainant/objector prays for and is granted three days time to file the reply of IA No. 7595/2019, an application filed under Section 5 of the Limitation Act for condonation of delay 545 days in preferring this revision petition.
List on 22/10/2019.
(S.K. Awasthi) Judge skt 490 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.4423/2019x Indore dated :15/10/2019 Mrs. Sonali Gupta, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No. 3980/2019, an application for exemption from filing affidavit in support of IA No. 3979/2019, an application filed under Section 5 of the Limitation Act for condonation of delay of 198 days delay in filing the present appeal.
On due consideration IA No. 3980/2019 is allowed and the appellant is exempted from filing the affidavit in support of IA No. 3979/2019.
Also heard learned counsel for the parties on IA No. 3979/219, an application filed under Section 5 of the Limitation Act for condonation of delay of 198 days in preferring the present appeal.
Learned counsel for the appellant submitted that the appellant is in jail after the conviction order passed by the trial Court, therefore, he could not file the present appeal within stipulated time period.
Learned Public Prosecutor has not raised any serious objection in allowing this application.
Looking to the reasons assigned in the application, sufficient ground is made out to condone the delay. Accordingly, IA No. 3979/2019 is allowed and delay of 198 days in filing the present appeal is hereby condoned.
Let record of the trial court be called for. List immediately after received of the record on the question of admission.
(S.K. Awasthi) Judge skt 491 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4483/2019x Indore dated : 15/10/2019 None for the applicant.
Applicant is directed to cure the defects pointed out by the Office within ten working days from today, failing which present revision petition filed under Section19(4) of the Family Court ACt shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi)
skt Judge
492
THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 5171/2019x Indore dated :15/10/219 Ms. Swati Sharma, learned counsel for the appellant. Shri Mukesh Sharma, learned counsel for the respondent Nos. 1 and 2.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.3/State.
Respondent Nos. 1 & 2-Ramabai and Jagdish are present in person before this Court. They are duly identified by their counsel and their presence is marked.
Respondent Nos. 1 and 2 are directed to furnish personal bond and surety bond before the trial Court within 15 days from today to secure their presence before the Registry of this Court on 29/01/2020 and on all other subsequent dates as may be fixed by the Registry in this behalf.
List the appeal for final hearing in due course.
(S.K. Awasthi)
skt Judge
493
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5226/2019x Indore dated :15/10/2019 Shri M.I. Ansari, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant submitted that he has already filed IA No. 7945/219, an application filed under Section 5 of the Limitation Act for condonation of delay of 510 days in preferring the present appeal. However, the same is not available on record.
Office is directed to trace the same and placed it on record. List after three weeks.
(S.K. Awasthi) Judge skt 494 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5383/2019x Indore dated :15/10/2019 None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
In absence of the learned counsel for the appellant, the case is adjourned.
List after four weeks.
(S.K. Awasthi) Judge skt 495 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5675/2019x Indore dated :15/10/2019.
None for the appellants.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard on IA No. 6051/2019, an application filed under Section 391 of the Cr.P.C. for taking documents on record as additional evidence.
IA No. 6051/2019 will be considered at the time of final hearing of the appeal.
Let record of the trial Court be called for. List the appeal for final hearing in due course.
(S.K. Awasthi) Judge skt 496 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5724/2019x Indore dated :15/10/2019.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the appellant/State.
None for the respondent.
Heard on IA No. 7152/2019, an application filed on behalf of the respondent seeking time for furnishing personal bond and surety bond before the trial Court.
Looking to the reasons assigned in the application, which is also supported with the affidavit of the respondent, IA No. 7152/2019 is allowed.
Respondent-Leelabai is granted two weeks time to furnish personal bond and surety bond before the trial Court for securing her presence before the Registry of this Court on 29/01/2020 and on all other subsequent dates as may be fixed by the Registry in this behalf.
Let record of the trial Court be called for. List the appeal for final hearing in due course.
(S.K. Awasthi) Judge skt 497 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.8187/2019x Indore dated :15/10/2019 Shri Manoj Vyas, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No. 7850/2019, an application for exemption from filing affidavit in support of IA No. 7849/2019, an application filed under Section 5 of the Limitation Act for condonation of delay of 373 days delay in filing the present appeal.
On due consideration IA No. 7850/2019 is allowed and the appellant is exempted from filing the affidavit in support of IA No. 7849/2019.
Also heard learned counsel for the parties on IA No. 7849/2019, an application filed under Section 5 of the Limitation Act for condonation of delay of 373 days in preferring the present appeal.
Learned counsel for the appellant submitted that the appellant is in jail after the conviction order passed by the trial Court, therefore, he could not file the present appeal within stipulated time period.
Learned Public Prosecutor has not raised any serious objection in allowing this application.
Looking to the reasons assigned in the application, sufficient ground is made out to condone the delay. Accordingly, IA No. 7849/2019 is allowed and delay of 373 days in filing the present appeal is hereby condoned.
Let record of the trial court be called for. List immediately after received of the record on the question of admission.
(S.K. Awasthi) Judge skt 498 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5891/2019x Indore dated :15/10/2019 None for the appellant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
In absence of the learned counsel for the appellant, the case is adjourned.
List after four weeks.
(S.K. Awasthi) Judge skt 499 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18341/2019x Indore dated : 15/10/2019 None for the applicant.
Applicant is directed to cure the defects pointed out by the Office within fifteen working days from today, failing which present petition filed under Section 378(4) of the Cr.P.C. shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi)
skt Judge
500
THE HIGH COURT OF MADHYA PRADESH Cr.R. Nos. 5145/2018 & 5443/2018x Indore dated : 15/10/2019 Parties through their counsel.
List alongwith M.Cr.C. No. 28373/2019.
(S.K. Awasthi)
skt Judge
501
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 28373/2019x Indore dated : 15/10/2019 Shri O.P. Solanki, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Shri K.C. Kushwah, learned counsel for the respondent No.2. Learned Public Prosecutor for the respondent No.1/State prays for and is granted three weeks' time to seek instruction in the matter and file the reply of IA No. 5565/2019, an application for compromise.
List after three weeks.
(S.K. Awasthi)
skt Judge
502
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 33840/2019x Indore dated 15/10/2019 Shri Rakesh Kumar Yadav, learned counsel for the applicant. Heard on IA No. 7709/2019, an application for dispensing with from filing the certified copy of order dated 11/05/2019 passed by Judicial Magistrate First Class, Kannod, District-Dewas in Criminal Case No. 1034/2016.
On due consideration, IA No. 7709/2019 is dismissed and the applicant is directed to file the certified copy of the aforesaid order.
(S.K. Awasthi) Judge skt 503 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 36169/2019x Indore dated : 15/10/2019 None for the applicant.
Applicant is directed to cure the defects pointed out by the Office within fifteen working days from today, failing which present petition filed under Section 482 of the Cr.P.C. shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi)
skt Judge
504
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37049/2019x Indore dated : 15/10/2019 Shri Bhaskar Agrawal, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Applicant is directed to cure the defects pointed out by the Office within seven working days from today, failing which present petition filed under Section 439(2) of the Cr.P.C. shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi)
skt Judge
505
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 38196/2019x Indore dated : 15/10/2019 Shri P.N. Saxena, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Ms. Mehul Shukla, learned counsel for the respondent No.2. Heard learned counsel for the parties on IA No. 8007/2019, an application for overruling the Office objection in respect of the name of the applicant.
Looking to the copy of Adhar Card of the applicant, IA No. 8007/2019 stands allowed and the Office objection regarding the name of the applicant is hereby overruled.
Learned counsel for the parties submitted that the parties have amicable settled their disputes and entered into the compromise.
Parties are directed to mark their presence before the Principal Registrar of this Court on 05/11/2019 at about 11:00 a.m., for verification of the factum of compromise.
(S.K. Awasthi)
skt Judge
506
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 39429/2019x Indore dated : 15/10/2019 None for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Applicant is directed to pay the process-fee within seven working days so that notice be issued against respondent No.2, failing which present petition filed under Section 482 of the Cr.P.C. shall automatically stands dismissed without further reference to this Court. Notice be made returnable within six weeks.
(S.K. Awasthi)
skt Judge
507
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 40358/2019x Indore dated : 15/10/2019 None for the applicant.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent No.1/State.
Applicant is directed to cure the defects pointed out by the Office within ten working days from today, failing which present petition filed under Section 482 of the Cr.P.C. shall automatically stands dismissed without further reference to this Court.
(S.K. Awasthi)
skt Judge
508
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.39599/2019x Indore dated :14/10/2019 Ms. Sudha Shrivastava, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Shri Palash Choudhary, learned counsel for the complainant/objector.
Heard. Case diary perused.
This is First application under Section 438 of the Cr.P.C., by which the applicant is apprehending her arrest in connection with Crime No.1224/2018, registered at Police Station-Lasudia, District-Indore for commission of the offence punishable under Section 406/34 of the IPC.
Learned counsel for the applicant submitted that the applicant has not committed any offence and her name has wrongly shown to be person involved in the alleged offence. The applicant has not given any assurance to the complainant for providing VISA nor received any amount on the pretext of providing job in foreign countries and they got the job subject to VISA. It is also submitted that the applicant is not the beneficiary of the said transaction nor the applicant has committed any fraud with the complainant. On the contrary, the complainant himself has made cheating and fraud with the innocent peoples. In view of the above, no offence under Section 406 of the IPC is made out against the applicant. It is further submitted that the applicant is ready to cooperate with the investigation and there is no possibility of her absconsion or tempering with the evidence. Under these circumstances, learned counsel for the applicant 509 prays for grant of anticipatory bail to the applicant.
On the other hand, learned Public Prosecutor as well as learned counsel for the complainant/objector opposed the application by contending that the applicant is engaged in the business of providing jobs to the unemployed persons and she has received Rs.44.0 Lacs from the complainant, who collected the same from various unemployed persons for providing them VISA and jobs in foreign countries. The complainant has also filed the photocopies of his bank account to substantiate the aforesaid fact. It is further submitted that after receiving the aforesaid amount, the applicant has not made any arrangement for getting their VISA nor they got job in the foreign countries. Even then the applicant has not returned the aforesaid amount to the complainant so that same can be returned back to concerned peoples. The aforesaid act of the applicant is fall within the provision of Section 420 of the IPC. Under these circumstances, they prayed for rejection of the anticipatory bail application.
Looking to the facts and circumstances of the case and considering the role attributed to the applicant in the alleged offence, in the considered opinion of this Court, no case for grant of anticipatory bail to the applicant is made out. Accordingly, this bail application is hereby dismissed.
(S.K. Awasthi) Judge skt 510 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40224/2019x Indore dated :14/10/2019 Shri Vivek Singh, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (second) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.224/2010, registered at Police Station-Barotha, District-Dewas concerning offence under Sections 420, 467 and 468 of the IPC.
Learned counsel for the applicant submitted that earlier the applicant was granted bail by this Court vide order dated 08/03/2011 passed in M.Cr.C. No. 1674/2011 and thereafter, he is regularly marking his presence before the trial Court, however, on one date of hearing he failed to mark his presence before the trial Court, therefore, the trial Court has issued non-bailable warrant against the applicant and in compliance of the aforesaid order, the applicant has been arrested by the police on 17/09/2019 and till then he is in custody. It is also submitted by the learned counsel for the applicant that the applicant is working as soldier in Indian Army and he assured that in future the applicant will regularly mark his presence before the trial Court on each and every date fixed by the trial Court in this behalf. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
On the other hand, learned Public Prosecutor opposed the bail application by contending that after granting bail by this Court, the applicant absconded for a long time and in compliance 511 of perpetual warrant of arrest issued against him, he was arrested on 17/09/2019 and there is every possibility of his absconsion again. Under these circumstances, learned Public Prosecutor prays for rejection of the application.
Looking to the facts and circumstances of the case and considering the fact that the after granting bail by this Court, the applicant absconded for long time and he has been arrested by the police in compliance of perpetual warrant of arrest issued against him, which clearly shows that the applicant has already misused the liberty so granted to him, therefore, in the considered opinion of this Court, no case for grant of bail to the applicant is made out. Accordingly, this bail application is hereby dismissed.
(S.K. Awasthi) Judge skt 512 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 891/2015x Indore dated :14/10/2019 Ms. Shraddha Dixit, learned counsel for the appellant. Mrs. Sangita Choudhary, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant prays for and is granted time to argue the matter.
List after eight weeks.
(S.K. Awasthi) Judge skt 513 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 2095/2018x Indore dated :14/10/2019 Shri A.K. Saxena, learned counsel for the appellant. Mrs. Sangita Choudhary, learned Public Prosecutor for the respondent/State.
List alongwith Cr.A. No. 6876/2019.
(S.K. Awasthi) Judge skt 514 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 6876/2019x Indore dated :14/10/2019 Shri A.K. Saxena, learned counsel for the appellant. Mrs. Sangita Choudhary, learned Public Prosecutor for the respondent/State.
Learned Public Prosecutor prays for and is granted one weeks time to comply with the provision of Section 15(A)(III) of SC/ST(PA) Act, 1989.
List after a week.
(S.K. Awasthi) Judge skt 515 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.3069/2018x Indore dated :14/10/2019 Shri Abhishay Jain, learned counsel for the appellant. Mrs. Sangita Choudhary, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.5028/2018, first application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence and grant of bail moved on behalf of appellant-Golu.
After arguing for some time, learned counsel for the appellant seeks leave of this Court to withdraw IA No.5028/2018.
Prayer is allowed.
Accordingly, IA No. 5028/2018 is dismissed as withdrawn.
(S. K. Awasthi) Judge skt 516 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.8759/2018x Indore dated :14/10/2019 Shri Vikas Rathi, learned counsel for the appellant. Mrs. Sangita Choudhary, learned Public Prosecutor for the respondent/State.
Learned Public Prosecutor submitted that she has already filed the reply of IA No. 6221/2019, an application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant-Kailash, however, the same is not available on record.
Office is directed to trace the same and placed it on record. List the matter in the week commencing 04/11/2019.
(S. K. Awasthi) Judge skt 517 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.9045/2018x Indore dated :14/10/2019 Shri Prateek Jain, learned counsel for the appellant. Mrs. Sangita Choudhary, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant prays for and is granted time to argue the matter on IA No. 7924/2019, repeat (second) application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence moved on behalf of appellant- Jakir.
List in the week commencing 16/12/2019.
(S. K. Awasthi) Judge skt 518 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.9103/2018x Indore dated :14/10/2019 Shri Gopal Hardia, learned counsel for the appellant. Mrs. Sangita Choudhary, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No.8166/2019, first application filed under Section 389(1) of the Cr.P.C. for suspension of custodial sentence and grant of bail moved on behalf of appellant-Ajay Bhilala.
After arguing for some time, learned counsel for the appellant seeks leave of this Court to withdraw IA No.8166/2019.
Prayer is allowed.
Accordingly, IA No. 8166/2019 is dismissed as withdrawn. List the appeal for final hearing in due course.
(S. K. Awasthi) Judge skt 519 THE HIGH COURT OF MADHYA PRADESH Cr.A. Nos. 310/2019, 7224/18, 7437/18, 7536/18, 7617/18 and 7991/2018 Indore dated :14/10/2019 None for the appellant.
Mrs. Sangita Choudhary, learned Public Prosecutor for the respondent/State.
In absence of the learned counsel for the appellant, the case is adjourned.
List after three months.
(S.K. Awasthi) Judge skt 520 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38462/2019x Indore dated:14/10/2019 ShriAnupam Chouhan, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
This is repeat (fourth) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.307/2018, registered at Police Station-Dhamnod, District-Dhar concerning offence under Sections 363, 366, 376 and 376(2)(n) of the IPC alongwith Sections 3/4 and 5(L)/6 of Protection of Children from Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned counsel for the applicants seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn (S.K. Awasthi) Judge skt 521 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.37823/2019x Indore dated :14/10/2019 Ms. Shraddha Dixit, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (fifth) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.48/2017, registered at Police Station-Sitamau, District-Mandsaur concerning offence under Section 8/15 of the NDPS Act, 1985.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application with liberty to renew her prayer after four months from today.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 522 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38061/2019x Indore dated :14/10/2019 Shri Nitin Vyas, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (third) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.251/2018, registered at Police Station-Chhatripura, District-Indore concerning offence under Sections 420, 467, 468, 471, 506 and 120(B)/34 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 523 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38131/2019x Indore dated :14/10/2019 Shri Abhishek Rathore, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (second) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.436/2018, registered at Police Station-Neemuch Cantt., District-Neemuch concerning offence under Sections 8/18 and 29 of the NDPS Act, 1985.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 524 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38369/2019x Indore dated :14/10/2019 Shri R.R. Bhatnagar, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (fifth) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.168/2014, registered at Police Station-Industrial Area, Jaora, District-Ratlam concerning offence under Sections 8/15, 18 and 25 of the NDPS Act, 1985.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 525 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38982/2019x Indore dated :14/10/2019 Shri N.J. Dave, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.352/2019, registered at Police Station-Mandleshwar, District-Khargone concerning offence under Section 34(2) of the M.P. Excise Act, 1915.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application with liberty to renew his prayer after filing of the charge-sheet .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 526 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.39127/2019x Indore dated :14/10/2019 Shri N.K. Soni, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (third) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.10/2018, registered at Police Station-Tilak Nagar, District-Indore concerning offence under Sections 363, 366, 376(2)(n) and 506 of the IPC alongwith Section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application with liberty to renew his prayer after recording the court statement of the prosecutrix .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 527 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.39622/2019x Indore dated :14/10/2019 Shri Anshumaan Shrivastava, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.93/2019, registered at Police Station-Nemawar, District-Dewas concerning offence under Sections 363, 365, 366, 376(d), 190 and 506/34 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 528 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.39779/2019x Indore dated :14/10/2019 Shri K.K.Tiwari, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.331/2019, registered at Police Station-Nanakheda, District-Ujjain concerning offence under Sections 377, 323 and 506 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 529 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.41116/2019x Indore dated :04/10/2019 Shri S.K. Meena, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.1029/2019, registered at Police Station-Khajrana, District-Indore concerning offence under Section 306 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 530 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. Nos.16053/2019 & 41455/2019 Indore dated :04/10/2019 Parties through their counsel.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one weeks time to produce the case-diary.
List in the week commencing 14/10/2019.
(S.K. Awasthi) Judge skt 531 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.41536/2019x Indore dated :04/10/2019 Parties through their counsel.
Learned counsel for the applicant prays for and is granted two weeks time to argue the matter.
List after two weeks.
(S.K. Awasthi) Judge skt 532 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.7719/2019x Indore dated :04/10/2019 Shri Vinod Thakur, learned counsel for the appellant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent /State.
Heard. Case diary perused.
The appellant has preferred this first appeal under Section 14(A)(2) of the SC/ST (PA) Act, 1989 for grant of bail in connection with Crime No.42/2019, registered at Police Station- Heera Nagar, District-Indore, concerning offences under Sections 302 and 307/34 of the IPC and Section 25 of the Arms Act alongwith Section 3(2)(v) of SC/ST(PA) Act, 1989 .
After arguing at length on the merit of the case, learned counsel for the appellant seeks permission of this Court to withdraw this appeal with liberty to renew his prayer after receiving FSL report.
Prayer is allowed.
Accordingly, this appeal is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 533 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40025/2019x Indore dated :04/10/2019 Ms. Shraddha Dixit, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is repeat (fourth) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.325/2018, registered at Police Station-Alirajpur, District-Alirajpur concerning offence under Sections 420, 467, 468, 120(B) and 506 of the IPC alongwith Section 66(D) of the Information and Technology Act, 2000.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 534 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38533/2019x Indore dated :04/10/2019 Shri A.K. Saxena, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Learned Public Prosecutor is directed to verify the documents filed by the learned counsel for the applicant in support of his anticipatory bail application.
List in the week commencing 14/10/2019.
(S.K. Awasthi) Judge skt 535 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.39127/2019x Indore dated :04/10/2019 Shri N.K. Soni, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Learned counsel for the applicant prays for and is granted one weeks time to file the certified copy of the statement of the prosecutrix recorded before the trial Court.
List in the week commencing 14/10/2019.
(S.K. Awasthi) Judge skt 536 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40283/2019x Indore dated :04/10/2019 Shri A.K. Saxena, learned counsel for the applicant. Shri Gaurav Kumar Verma, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.153/2019, registered at Police Station-A. Badodiya, District-Shajapur concerning offence under Sections 376 and 506 of the IPC alongwith Section 5/6 of Protection of Children from Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned counsel for the applicants seeks permission of this Court to withdraw this application with liberty to renew his prayer after receiving the report of DNA.
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt 537 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 8387/2019x Indore dated :4/10/2019 Shri Anupam Chouhan, learned counsel for the appellant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant prays for and is granted one weeks time to move an appropriate application for impleading the victim as respondent No.2 in the appeal memo.
List on 14/10/2019.
(S.K. Awasthi) Judge skt 538 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 8405/2019x Indore dated :4/10/2019 Shri Anupam Chouhan, learned counsel for the appellants. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Let record of the trial Court be called for. List immediately after received of the record on the question of admission.
(S.K. Awasthi) Judge skt 539 THE HIGH COURT OF MADHYA PRADESH Cr.A. Nos. 319/2012, 321/2012, 721/2012 and 722/2012x Indore dated :4/10/2019 None for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
In absence of the learned counsel for the appellants, the case is adjourned.
List after eight weeks.
(S.K. Awasthi) Judge skt 540 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 7469/2018x Indore dated :4/10/2019 Shri D.K. Maheshwari, learned counsel for the appellant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant is not ready with the matter, therefore, he prays for time to argue the matter.
Prayer is allowed.
List after three months.
(S.K. Awasthi) Judge skt 541 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40434/2019x Indore dated :4/10/2019 Shri A. K. Saraswat, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one weeks time to produce the case-diary.
List in the week commencing 14/10/2019.
(S.K. Awasthi) Judge skt 542 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 40642/2019x Indore dated :4/10/2019 Shri Sachin Parmar, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is available.
Learned counsel for the applicant is submitted that the arguing counsel is outstation counsel, hence, he prays for listing the matter on any Wednesday.
Prayer is allowed.
List on 16/10/2019.
(S.K. Awasthi) Judge skt 543 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41093/2019x Indore dated :4/10/2019 Shri Harshvardhan, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-diary by the next date of hearing positively so also to verify the fact that whether the applicant is suffering from HIV or not.
List in the week commencing 14/10/2019.
(S.K. Awasthi) Judge skt 544 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.41135/2019x Indore dated :04/10/2019 Shri Ashok Kumar Jadhav, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.107/2019, registered at Police Station-Banganga, District-Indore concerning offence under Section 302 and 201/34 of the IPC.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 545 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.41168/2019x Indore dated :04/10/2019 Shri R.R. Bhatnagar, learned counsel for the applicants. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.220/2019, registered at Police Station-Kalukheda, District-Ratlam concerning offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
After arguing at length on the merit of the case, learned counsel for the applicants seeks permission of this Court to withdraw this application .
Prayer is allowed.
Accordingly, this application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt 546 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41218/2019x Indore dated :4/10/2019 Shri A. K. Saraswat, learned counsel for the applicant. Shri Yogesh Kumar Gupta, learned Public Prosecutor for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor prays for and is granted one weeks time to produce the case-diary.
List in the week commencing 14/10/2019.
(S.K. Awasthi) Judge skt 547 THE HIGH COURT OF MADHYA PRADESH:BENCH AT INDORE Cr.A. No. 4197/2019x (Kishan @ Gatti & Ors. Vs. State of M.P.) None for the appellants.
Shri Yogesh Kumar Gupta, learned Govt. Advocate for the respondent/State.
Judgment (Delivered on 03 /10/2019) The appellants have preferred this appeal under Section 374 of the Cr.P.C. against judgment dated 10/04/2019 passed by 8 th Additional Sessions Judge, Indore in S.T. No. 676/2017, whereby the appellants have been convicted for the offence punishable under Sections 341, 324 and 324/34 of the IPC and sentenced to undergo RI of one months, one years and one years and to pay fine of Rs. 500/- and Rs.1,000/- each respectively with default stipulation.
From the perusal of record, it appears that after pronouncement of judgment of conviction by the trial Court, the appellants have moved an application under Section 389(3) of the Cr.P.C. for suspension of their custodial sentence and the same was allowed by the trial Court and their custodial sentence has already been suspended till 09/05/2019. Thereafter, the present appeal alongwith application filed by the appellants under Section 389(1) of the Cr.P.C. for suspension of their custodial sentence came up for hearing before this Court on 19/06/2019, however, till then the period of suspension of sentence granted by the trial Court was over, therefore, this Court directed the appellants to make surrender before the trial Court and submit the certified copy of the concerned order-sheet, thereafter, IA No. 3785/2019 will be considered. But after giving sufficient opportunities, they have not surrendered themselves before the trial Court, hence, present appeal filed by the appellants without surrendering before the trial Court is not maintainable in the light of judgment of passed by this Court in the case of Javahar Rawat v. Sahayak Prabandhak (2012) 2 MPLJ 534. Thus, present appeal stands dismissed as not maintainable.
(S.K. Awasthi)
skt Judge
548
THE HIGH COURT OF MADHYA PRADESH Cr.R. No.4529/2019x (Santosh Choudhary Vs. State of M.P.) Indore, Dated:30/09/2019 Shri Sunil Gupta, learned counsel for the applicant.. Shri Yogesh Kumar Gupta, learned Govt. Advocate for the respondent/State.
Hard on IA No. 7528/2019, which is first application under Section 397(1) of the Code of Procedure for suspension of jail sentence and for grant of bail filed on behalf of the applicant-Santosh Choudhary.
Applicant has been filed this revision petition against the judgment dated 06/09/2019 passed by Second Additional Sessions Judge, Bagli, District-Dewas in Criminal Appeal No. 186/2014, whereby the learned appellate Court has maintained the judgment of conviction dated 28/08/2014 passed in Criminal Case No. 750/2012 by JMFC, Bagli, District-Dewas convicting the applicant under Section 304(A) of the IPC and Section 24 of M.P. Rajya Ayurvigyan Parishad Act,1987 and sentenced to undergo 6 months RI for each offence and to pay fine of Rs.1,00,000/- with usual default stipulation.
Learned counsel for the applicant submitted that the applicant was on bail during the trial as well as in the appeal and he never misused the liberty so granted to him. It is also submitted that being a para medical volunteer, the applicant has right to provide primary treatment to the patients, however, he did not administer any injection to deceased-Reena, due to which she scummed. According to the postmortem report, the cause of death of deceased-Reena is gangrene, which is not possible by giving any injection or providing glucose saline. The trial Court as well as the appellate Court have not properly appreciated the evidence available on record and wrongly convicted the applicant for the alleged offence. The applicant is in custody since 06/09/2019 and there is no likelihood of early hearing of the revision petition. There are fair chances of success of this revision and if the custodial sentence of the applicant is not suspended, then the revision filed by the applicant may turn infructuous. The applicant 549 has already deposited the fine amount before the trial Court. Under these circumstances, learned counsel for the applicant prays for suspension of custodial sentence and grant of bail to the applicant.
On the other hand, learned counsel for the respondent/State has opposed the prayer by contending that at the relevant point of time, the applicant was working as para medical volunteer, however, he was not having any degree of medical science or qualification necessary to became a doctor, he has not only treated her by giving alopathy medicines and also gave her wrong injection, due to which she suffered from gangrene. When her condition was deteriorated, then she was shifted to hospital for treatment, during which she has died. Therefore, it is clear that the cause of death of the deceased was wrong treatment given by the applicant. It is further submitted that the courts below have given concurrent findings regarding the conviction for the commission of alleged offence, therefore, there is no ground is available for suspending the the custodial sentence of the applicant. Under these circumstances, learned Public Prosecutor prays for rejection of the application.
After considering the arguments advanced by the learned counsel for the parties and looking to the fact that the applicant without having any degree of medical science has given treatment to deceased-Reena, due to which she died, this Court is of the considered view that no case for suspension of custodial sentence and grant of bail to the applicant is made out. Accordingly, IA No. 7528/2019 is hereby dismissed.
(S.K. Awasthi) Judge skt 550 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1387/2016x Indore dated :1/10/2019 Parties through their counsel.
List alongwith Cr.A. No. 1210/2016.
(S.K. Awasthi) Judge skt 551 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 19119/2019x Indore dated :1/10/2019 Shri Lavish Sethia,learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent No.1/State.
Learned counsel for the applicant prays for and is granted three weeks time to argue the matter.
List after three weeks.
(S.K. Awasthi) Judge skt 552 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 24645/2019x Indore dated :1/10/2019 Parties through their counsel.
Learned counsel for the respondent prays for and is granted two weeks time to file relevant documents.
List after two weeks.
(S.K. Awasthi) Judge skt 553 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 27761/2019x Indore dated :1/10/2019 None for the applicants.
Shri N.J. Dave, learned counsel for the respondent Nos. 1 to
6. Shri Vinit Hardia, learned Public Prosecutor for the respondent Nos. 7 and 8/State.
In absence of the learned counsel for the applicants, the case is adjourned.
List in the week commencing 04/11/2019.
(S.K. Awasthi) Judge skt 554 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 32827/2019x Indore dated :1/10/2019 Shri Anurag Vyas, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Notice issued against the respondent No.2 received unserved with the report that the respondent No.2 is not residing on the given address and left the house.
On payment of fresh process-fee within seven working days with correct particulars, let notice be issued against respondent No.2. Let notice be made returnable within six weeks.
(S.K. Awasthi) Judge skt 555 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4483/2019x Indore dated :1/10/2019 None for the applicant.
Learned counsel for the applicant is directed to cure the defects pointed out by the office within 10 working days.
List thereafter.
(S.K. Awasthi) Judge skt 556 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4715/2019x Indore dated :1/10/2019 Shri Manan Dhakad, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No. 7869/2019, an application for dispensing with from filing the certified copy of judgment dated 27/03/2017 passed by Judicial Magistrate First Class-Thandla, District-Jhabua in Criminal Case No. 866/2016.
Reasons assigned in the application for dispensing with from filing the certified copy of judgment dated 27/03/2017 is not found satisfactory. Hence, IA No. 7869/2019 stands dismissed.
Learned counsel for the applicant is directed to file the certified copy of judgment dated 27/03/2017 passed by Judicial Magistrate First Class-Thandla, District-Jhabua in Criminal Case No. 866/2016.
(S.K. Awasthi) Judge skt 557 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 39401/2019x Indore dated :1/10/2019 Shri S.K. Meena, learned counsel for the applicant. Learned counsel for the applicants prays for and is granted two weeks to cure the defect pointed out by the Office.
List after two weeks.
(S.K. Awasthi) Judge skt 558 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4559/2019x Indore dated :1/10/2019 Shri Ayush Agrawal, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No. 7711/2019, an application for dispensing with from filing the certified copy of judgment dated 20/08/2019 passed by Second Additional Sessions Judge, Kukshi, District-Dhar in Criminal Appeal No. 73/2018.
Reasons assigned in the application for dispensing with from filing the certified copy of judgment dated 20/08/2019 is not found satisfactory. Hence, IA No. 7711/2019 stands dismissed.
Learned counsel for the applicant is directed to file the certified copy of judgment dated 20/08/2019 passed by Second Additional Sessions Judge, Kukshi, District-Dhar in Criminal Appeal No. 73/2018.
(S.K. Awasthi) Judge skt 559 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4787/2019x Indore dated :1/10/2019 Shri Manan Dhakad, learned counsel for the applicant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Heard learned counsel for the parties on IA No. 7971/2019, an application for dispensing with from filing the certified copy of judgment dated 15/11/2018 passed by Judicial Magistrate First Class, Jaora, District-Ratlam in RCT No. 1315/2014.
Reasons assigned in the application for dispensing with from filing the certified copy of judgment dated 15/11/2018 is not found satisfactory. Hence, IA No. 7971/2019 stands dismissed.
Learned counsel for the applicant is directed to file the certified copy of judgment dated 15/11/2018 passed by Judicial Magistrate First Class, Jaora, District-Ratlam in RCT No. 1315/2014.
(S.K. Awasthi) Judge skt 560 THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 4793/2019x Indore dated :1/10/2019 Shri Gopal Yadav, learned counsel for the applicant. On payment of process-fee within seven working days, let be issued to respondent of on admission as well as IA No. 7992/2019, an application filed under Section 5 of the Limitation Act by ordinary as well as registered AD mode. Notice be made returnable within six weeks.
(S.K. Awasthi) Judge skt 561 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 324/2001x Indore dated :1/10/2019 Shri S.K. Meena, learned counsel for the appellants. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellants submits that appellant No.2-Iqbal Shah S/o Murad Shah has expired on 15/06/2019.
Learned Public Prosecutor is directed to verify the factum of death of appellant No.2-Murad Shah and submit its report by the next date of hearing positively.
List in the week commencing 04/11/2019.
(S.K. Awasthi) Judge skt 562 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1132/2002x Indore dated :1/10/2019 Parties through their counsel.
List alongwith Cr.A. No. 1207/2002.
(S.K. Awasthi) Judge skt 563 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1207/2002x Indore dated :1/10/2019 None for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
As per the Office report, appellant No.1-Vikram did not mark his presence before the Registry of this Court on 24/09/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appelalnt No.1-Vikram for securing his presence before this court on 18/11/2019.
List on 18/11/2019.
(S.K. Awasthi) Judge skt 564 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1367/2002x Indore dated 01/10/2019 None for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
From the perusal of the record, it appears that learned counsel for the appellants has not been complied with order dated 18/09/2019 passed by this Court.
Learned counsel for the appellants is directed to comply with order dated 18/09/2019 within a period of 30 days.
(S.K. Awasthi) Judge skt 565 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 129/2003x Indore dated 01/10/2019 Shri Himanshu Joshi, learned counsel for the appellants. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellants prays for fixed date to keep present appellant No.1-Laxminarayan before this Court.
Prayer is allowed.
Office is directed to list the matter on 06/11/2019 for personal appearance of appellant No.1-Laxminarayan before this Court.
(S.K. Awasthi) Judge skt 566 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1188/2008x Indore dated 01/10/2019 None for the appellants.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
PUD has been received from the court of Sessions Judge/Special Judge (NDPS Act), Shajapur dated 13/09/2019 intimating that appellant No.2-Babulal S/o Rewaram was died on 21/12/2009 and appellant No.1-Musavvar Khan @ Mustu S/o Mohammad has died on 11/11/2016. The photocopy of death certificate of the appellants have also attached with the report.
Looking to the facts that during pendency of this appeal, both the appellants have already been died, present appeal stands dismissed as abated. Accordingly, PUD also stands disposed of.
(S.K. Awasthi) Judge skt 567 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1169/2010x Indore dated :1/10/2019 Shri Vikram Bhatnagar, learned counsel for the appellant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
As per the Office report, applicant-Mukesh did not mark his presence before the Registry of this Court on 23/09/2019.
Let bailable warrant of Rs.25,000/- be issued against applicant-Mukesh for securing his presence before this court on 11/11/2019.
List on 11/11/2019.
(S.K. Awasthi) Judge skt 568 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 8813/2012x Indore dated 01/10/2019 Shri Lokendra Joshi, learned counsel for the applicant. Smt. Shanno Khan, learned counsel for the respondents. Heard on IA No. 7997/2019, an application for seeking leave of this court to withdraw this petition filed under Section 482 of the Cr.P.C.
Learned counsel for the parties submits that both the parties have amicably settled their disputes, therefore, the applicant does not want press this petition, hence, he seeks permission of this Court to withdraw this petition.
Prayer is allowed.
Accordingly, IA No. 7997/2019 is allowed and consequently, this petition is dismissed as withdrawn.
Let a copy of this order be sent to the court below alongwith the record.
(S.K. Awasthi) Judge skt 569 THE HIGH COURT OF MADHYA PRADESH Cr.R. 1479/2014x Indore dated :1/10/2019 None for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
As per the Office report, applicant-Sharad Kumar did not mark his presence before the Registry of this Court on 24/09/2019.
It is a matter of bail jump.
Let non-bailable warrant of arrest be issued against applicant-Sharad Kumar for securing his presence before this court on 13/11/2019.
List on 13/11/2019.
(S.K. Awasthi) Judge skt 570 THE HIGH COURT OF MADHYA PRADESH Cr.R. 551/2015x Indore dated :1/10/2019 Shri Jitendra Mandloi, learned counsel for the applicants. Shri Vinit Hardia, learned Govt. Advocate for the respondent/State.
Heard learned counsel for the parties on IA No. 7615/2019, an application for permanent exemption for the applicants to mark their presence before the Registry of this Court during pendency of this revision petition.
After considering the reasons assigned in the application, this Court is of the considered view that no case is made out for exempting the applicants for marking their presence before the Registry of this Court. Accordingly, IA No. 7615/2019 is dismissed.
List the revision for final hearing in due course.
(S.K. Awasthi) Judge skt 571 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 848/2015x Indore dated :1/10/2019 Parties through their counsel.
List alongwith Cr.A. No. 771/2015.
(S.K. Awasthi) Judge skt 572 THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 771/2015x Indore dated :1/10/2019 Shri S.K. Meena, learned counsel for the appellant. Shri Vinit Hardia, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant prays for fixed date to keep present the appellant before this Court.
Prayer is allowed.
List the matter on 07/11/2019 for personal appearance of appellant-Ganesh @ Satyendra before this Court.
(S.K. Awasthi) Judge skt 573 THE HIGH COURT OF MADHYA PRADESH Cr.A. Nos. 576/2015 & 609/2015x Indore dated :1/10/2019 Parties through their counsel.
List alongwith Cr.A. No. 593/2015.
(S.K. Awasthi) Judge skt