Madhya Pradesh High Court
Uma Shankar Patel vs The State Of Madhya Pradesh on 29 August, 2017
CRA-2573-2017
(UMA SHANKAR PATEL Vs THE STATE OF MADHYA PRADESH)
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29-08-2017
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Shri Kuldeep Singh, learned counsel for the appellant.
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Shri D.K. Shukla, learned Panel Lawyer for the respondent/ State.
None for respondent No.2, though served. Heard. Perused the case diary. Pr a This Criminal Appeal has been filed on behalf of the appellant hy under Section 14-A of the SC/ST (Prevention of Atrocities) Act for grant of bail.
ad The appellant is in custody since 10.7.2016 in connection with M Crime No.498/2016 registered at Police Station Panagar, District Jabalpur (M.P.) for the offence punishable under Sections 341, 294, 506, 302 & 34 of of I.P.C., and Sections 3(2)(5) of SC/ST (Prevention of Atrocities) Act.
As per prosecution, on 29.6.2016, when deceased Pancham Singh rt was going with Dhanraj Rajput on his tractor, then co-accused Baba @ ou Ganesh Patel came from back side on his tractor and after overtaking, he stopped the tractor of Dhanraj Rajput. At the same time, appellant Uma C Shankar Patel came there by his motorcycle, both abused deceased filthily h and asked him why he had ploughed their field. Thereafter, they dragged ig deceased from the tractor, beaten him by kicks and fists and then appellant- H Uma Shankar beaten him by stick. In the meantime, co-accused Bhaiyaji Patel and Ravi Shankar Patel came there by Bolero and exhorted them by saying to kill him. Then, with intention to kill deceased Pancham Singh, co-accused Babu @ Ganesh Patel drove the tractor forward and reverse over him, due to which he died. Thereafter, appellant and other co-accused fled away from the spot.
Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. Learned counsel further submits that in trial Court, five witnesses including Paramlal Patel have been examined by the prosecution, but they have not stated against the applicant. The conclusion of trial will take time. On these grounds, learned counsel for the appellant prays for grant of bail to the appellant.
Per-contra, learned Panel Lawyer for the respondent/State learned sh counsel for the objector oppose the bail application.
e I have gone through the statements of aforesaid five witnesses ad examined by the prosecution. Number of witnesses are yet to be examined. Only on the basis of above examined witnesses, no conclusion can be drawn at this stage.
Pr Accordingly, the bail application of the appellant-Uma Shankar a hy Patel is dismissed.
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(H.P. SINGH)
ASHWANI JUDGE
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A.Praj.
PRAJAPATI
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Digitally signed by ASHWANI PRAJAPATI
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DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=482004, st=Madhya Pradesh, 2.5.4.20=aa8f72857f3bf78e15d9574562da8569 C 98b54d5fd5155003ab17dbda73f06859, serialNumber=f487d5a6440348495cfc3dec95a8 1237144a3514db9c5688195627b992f5dc04, h cn=ASHWANI PRAJAPATI Date: 2017.09.01 11:25:24 +05'30' ig H