Lakhan vs The State Of Madhya Pradesh on 13 August, 2015

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Madhya Pradesh High Court

Lakhan vs The State Of Madhya Pradesh on 13 August, 2015

                       MCRC No.6204/2015

13/08/2015

          Smt. Sadhna Pathak, learned counsel for the applicant.
          Shri RS Parmar, learned Panel Lawyer for the non
applicant/State.
          This is first application under Section 438 of the Code of
Criminal Procedure. The applicant is seeking anticipatory bail in
connection with Crime No.367/2015 for the offences punishable
under Sections 34(2) of the Excise Act.
          Learned counsel for the applicants submits that applicant
is permanent resident of district Khargone and he is the power of
attorney holder of his wife.     His wife is licensee/contractor of
liquor. The applicant has been implicated in this case on the basis
of memorandum of co-accused Narpat and Jitendra. The applicant
has no criminal antecedent.     The applicant is ready to cooperate
with the investigation, therefore, he may be granted anticipatory
bail.
          Learned Government Advocate opposes the prayer.
          Considering the over all facts and circumstances of the
case, I am of the view that the applicant has made out a case for
grant of anticipatory bail.
          Thus, the application is allowed. It is directed that in the
event of arrest of applicant, he shall be released on bail upon of his
furnishing a personal bond in the sum of Rs.2,00,000/-(Rs. Two
 Lacs) with two local solvent sureties in the like amount to the
satisfaction of the arresting officer for his appearance in
investigation as and when directed and required, facility of this bail
shall remain available to the applicant during trial also. In case,
final report is filed, then the applicant shall furnish fresh bail bond
as per this order before the concerned Court.         Applicant shall
ensure that he would not commit any such offence during currency
of bail and rest of the conditions stipulated under Section 438(2) of
the Cr.P.C. shall be binding on him. In case, the applicant commit
breach of any condition, of this order, then this order shall stand
automatically cancelled without reference to this Court and the
concerned Court will be free to take appropriate action as per law
for securing presence of the applicant.
          M.Cr.C. Stands disposed of.
          CC as per rules.
                                          (Jarat Kumar Jain)
                                              Judge
bakshi
                       MCRC No.6659/2015

13/08/2015

         Shri Avinash Sirpurkar, learned counsel for the
applicant.
         Shri RS Parmar, learned Panel Lawyer, for the non
applicant/State.
         This is first bail application under Section 439 of the
Code of Criminal Procedure. The applicants is in custody in
connection with Crime No.564/2015 registered at police
station Bhawarkua district Indore, for the offence punishable
under Sections 341, 354, 354-A, 354-B, 363, 365 and 34 of
I.P.C. and 7/8 of the Protection of Childrem from Sexual
Offences Act, 2012.
         Learned counsel for the applicant submits that the
applicant is a student, aged 19 years and permanent resident of
Indore. He has been falsely implicated in this case and from
the facts it seems that the prosecutrix has voluntarily gone with
the applicant.     The applicant is detained in jail since
14/07/2014. The trial will take considerable time to conclude.
In such circumstances, the applicant be enlarged on bail.
         On the other hand learned Government Advocate
opposes the prayer.
          Considering over all facts and circumstances of the
case and age of the applicant, I am of the view that the
applicant has made out a case for granting bail. Thus, the
application is allowed and it is directed that the applicant be
released on bail upon furnishing personal bond in the sum of
Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent
surety in the like amount to the satisfaction of the trial Court
for his appearance as and when directed.
         The applicant is directed to attend each hearing of the
trial before the trial Court out of which this bail arises. Any
default in attendance in Court would result in cancellation of
the bail granted by this Court.
         CC as per rules.

                                      (Jarat Kumar Jain)
                                          Judge
bakshi
                      MCRC No.6757/2015

05/08/2015

          Shri SK Meena, learned counsel for the applicant.
          Shri RS Parmar, learned Panel Lawyer for the non
applicant/State.
          Learned counsel for the applicant seeks permission to
withdraw this repeat application with the liberty that he will
renew the prayer after recording the evidence of the
complainant(victim).
          Thus, the petition is dismissed as withdraw with the
aforesaid liberty.

                                     (Jarat Kumar Jain)
                                         Judge
bakshi
                     MCRC No.6900/2015

05/08/2015

         Parties through their counsel.
         Learned Government Advocate seeks time for
producing complete case diary along with dying declaration of
the deceased..
         Prayer is accepted.
         Let the matter be fixed on 21/08/2015.

                                      (Jarat Kumar Jain)
                                          Judge
bakshi
                       MCRC No. 6913/2015

13/08/2015

          Shri HC Tripathi, learned counsel for the applicant.
          Shri RS Parmar, learned Panel Lawyer for the
respondent/State.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicant in in custody in connection with Crime No.256/2015 registered at police station Dhamnod district Dhar, for the offence punishable under Section 34(2) of M.P. Excise Act.

Learned counsel for the applicant submits that the applicant is a young boy and permanent resident of district Dhar. He has no criminal antecedent and he has been falsely implicated in this case. The applicant is detained in jail since 19/05/2015. The trial will take considerable time to conclude and co-accused has already been granted bail by this Hon'ble Court. Thus, on the ground of parity also the applicant is entitled for bail.

On the other hand learned Government Advocate opposes the prayer.

Considering over all facts and circumstances of the case, I am of the view that the applicant has made out a case for granting bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only)each with two solvent sureties in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

The applicant is directed to attend each hearing of the trial before the trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No.7012/2015 05/08/2015 Parties through their counsel. Learned Government Advocate seeks time for producing case diary.

Prayer is accepted.

Let the matter be fixed on 18/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No.713/2014 05/08/2015 Parties through their counsel. As prayed, list after to weeks for consideration of IA No.3066/2015, an application for suspension of sentence.

(Jarat Kumar Jain) Judge bakshi CRA No. 874/2014 05/08/2015 List along with CRA No. 713/2014.

(Jarat Kumar Jain) Judge bakshi MCRC No.6935/2015 13/08/2015 Shri Peeru Dhakad appears on behalf of Shri AK Saraswat, learned counsel for the applicant.

Shri RS Partmar, learned Panel Lawyer for the non applicant/State.

Learned counsel for the applicant seeks one week's time to cure the defect.

Prayer is accepted.

Let the matter be fixed after a week.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 05/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.5715/2015 12/08/2015 Shri Vivek Sigh, learned counsel for the applicants. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

This is first application under Section 438 of theCode of Criminal Procedure. The applicant is seeking anticipatory bail in connection with Crime No.105/2015 for the offences punishable under Sections 304(B) and 498(A) of IPC, registered at Police Station Suwasra, Ratlam.

Learned counsel for the applicants submits that applicant is a house wife and permanent resident of district Mandsaur. After 15 days of the death of her daughter in law,the story came that applicant and other in laws use to harass the deceased,therefore, she committed suicide. All the family members of the applicant are detained in jail. The applicant is ready to cooperate with the investigation, therefore, she may be granted anticipatory bail.

Learned Government Advocate opposes the prayer. Considering the over all facts and circumstances of the case, I am of the view that the applicants have made out a case for grant of anticipatory bail.

Thus, the application is allowed. It is directed that in the event of arrest of applicant, she shall be released on bail upon of her furnishing a personal bond in the sum of Rs.25,000/-(Rs. Twenty Five Thousand) with a solvent surety in the like amount to the satisfaction of the arresting officer for her appearance in investigation as and when directed and required, facility of this bail shall remain available to the applicant during trial also. In case, final report is filed, then the applicant shall furnish fresh bail bond as per this order before the concerned Court. Applicant shall ensure that she would not commit any such offence during currency of bail and rest of the conditions stipulated under Section 438(2) of the Cr.P.C. Shall be binding on her. In case, the applicant commit breach of any condition, of this order,then this order shall stand automatically cancelled without reference to this Court and the concerned Court will be free to take appropriate action as per law for securing presence of the applicant.

M.Cr.C. Stands disposed of. CC as per rules.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 05/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6964/2015 12/08/2015 Shri Sanjay Sharma, learned counsel for the applicants.

Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Shri Vivek Singh, learned counsel for the Objector/complainant.

This is first application under Section 438 of theCode of Criminal Procedure. The applicant is seeking anticipatory bail in connection with Crime No.26/2015 for the offences punishable under Sections 420, 467, 468 and 471/34 of IPC, registered at Police Station Dindayal Nagar, Ratlam.

Learned counsel for the applicants submits that applicant No.1 is a lady and serving in Aanganwadi Sahayika and applicant No.2 is a Peon in Collector Office, Ratlam. They have no criminal antecedent and the dispute is of civil nature. The applicants have been falsely implicated in this case. They are ready to cooperate with the investigation. In such circumstances, the applicants be granted anticipatory bail.

Learned Government Advocate opposes the prayer. Learned counsel for the complainant has also opposed the prayer. He submits that in case the applicants are enlarged on bail, the investigation will hamper.

Considering the over all facts and circumstances of the case, I am of the view that the applicants have made out a case for grant of anticipatory bail.

Thus, the application is allowed. It is directed that in the event of arrest of applicants, they shall be released on bail upon each of them furnishing a personal bond in the sum of Rs.25,000/-(Rs. Twenty Five Thousand) with a solvent surety in the like amount to the satisfaction of the arresting officer for their appearance in investigation as and when directed and required, and also made available for their specimen signature. Facility of this bail shall remain available to the applicants during trial also. In case, final report is filed, then the applicants shall furnish fresh bail bond as per this order before the concerned Court. Applicants shall ensure that they would not commit any such offence during currency of bail and rest of the conditions stipulated under Section 438(2) of the Cr.P.C. shall be binding on them. In case, the applicants commit breach of any condition, of this order,then this order shall stand automatically cancelled without reference to this Court and the concerned Court will be free to take appropriate action as per law for securing presence of the applicants.

M.Cr.C. Stands disposed of. CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No.6964/2015 12/08/2015 Shri Sanjay Sharma, learned counsel for the applicants. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Shri Vivek Singh, learned counsel for the Objector/complainant.

Considering the over all facts and circumstances of the case, I am of the view that the applicants have made out a case for grant of anticipatory bail.

Thus, the application is allowed. It is directed that in the event of arrest of applicants, they shall be released on bail upon each of them furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with a solvent surety in the like amount to the satisfaction of the arresting officer for their appearance in investigation as and when directed and required, and also made available for their speciman signature. Facility of this bail shall remain available to the applicants during trial also. In case, final report is filed, then the applicants shall furnish fresh bail bond as per this order before the concerned Court. Applicants shall ensure that they would not commit any such offence during currency of bail and rest of the conditions stipulated under Section 438(2) of the Cr.P.C. shall be binding on them. In case, the applicants commit breach of any condition, of this order,then this order shall stand automatically cancelled without reference to this Court and the concerned Court will be free to take appropriate action as per law for securing presence of the applicants.

It is made clear that in case signatures of the applicants are required, they shall be made available to the Police.

M.Cr.C. Stands disposed of. CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No.6495/2015 12/08/2015 Shri M. Yadav, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Case diary is available.

Learned counsel for the applicant submits that arguing counsel Shri V.Jain, is sick, therefor e, he prays for adjournment.

Prayer is accepted.

Let the matter be fixed on 19/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6980/2015 12/08/2015 Shri P. Jain, learned counsel for the applicant.. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Case diary is available.

Shri Jain submits that arguing counsel Shri R.K.Trivedi, is not available,therefore, he seeks adjournment.

Let the matter be fixed on 18/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6248/2015 12/08/2015 Shri Vivek Singh, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Learned counsel for the applicant seeks permission to withdraw this repeat application.

Thus, the application is dismissed as withdrawn.

(Jarat Kumar Jain) Judge bakshi `MCRC No.6831/2015 12/08/2015 Shri Vikas Yadav , learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.107/2015 registered at police station Bajna district Ratlam, for the offence punishable under Section 304 of the IPC.

Learned counsel for the applicant submits that the applicant is permanent resident of district Ratlam. There is no material to connect the applicant with the crime. The applicant has been falsely implicated in this case. The applicant is detained in jail since 02/06/2015. The trial will take considerable time to conclude. In such circumstances, the applicant be enlarged on bail.

On the other hand learned Government Advocate opposes the prayer.

Considering over all facts and circumstances of the case, I am of the view that the applicant has made out a case for granting bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No.6949/2015 12/08/2015 Shri Vivek, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.193/2015 registered at police station Talen district Rajgarh(Biora), for the offence punishable under Sections 376, 456, 511 of IPC and 3(1)(11) of SC/ST Act.

Learned counsel for the applicant submits that the applicant is an agriculturist and permanent resident of district Rajgarh. The prosecutrix is a married lady aged about 25 years. No mark of resistance found on her body. The applicant has been falsely implicated in this case. The applicant is detained in jail since 24/07/2015. The trial will take considerable time to conclude. In such circumstances, the applicant be enlarged on bail.

On the other hand learned Government Advocate opposes the prayer.

Considering over all facts and circumstances of the case, I am of the view that the applicant has made out a case for granting bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A No.833/2010 12/08/2015 Shri P. Soni, learned counsel for the appellant. Smt.Mamta Shandilya, learned Government Advocate for the respondent/State.

Shri Soni seeks one week's time to produce some documents.

Prayer is accepted.

Let the matter be fixed after one week.

(Jarat Kumar Jain) Judge bakshi Cr.A No.980/2013 12/08/2015 Shri I. Ansari, appears on behalf of Shri Sanjay Sharma, learned counsel for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant seeks adjournment. Prayer is accepted.

List after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A No.980/2013 12/08/2015 Parties through their counsel. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.R No.1176/2013 12/08/2015 Shri Pathan, learned counsel for the applicant. None for the non applicant.

Shri Pathan submits that parties have filed an application for compromise, therefore, any date may be fixed for verification of the compromise.

Prayer is accepted.

Applicant's counsel is directed to keep the parties present before this Court on 24/08/2015.

Let the matter be fixed on 24/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No.1474/2013 12/08/2015 Parties through their counse. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.R No.338/2014 12/08/2015 Parties through their counsel. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.R No.339/2014 12/08/2015 Parties through their counsel. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.R No.733/2014 12/08/2015 Parties through their counsel. Learned counsel for the applicant seeks time to argue the matter.

Prayer is accepted.

In the meanwhile, Office is directed to call record from SDM Court.

List on 02/09/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No.1744/2014 12/08/2015 Shri Amit Upadhayay, learned counsel for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

This is a repeat application under Section 389(1) of Cr.P.C., for suspension of jail sentence during the pendency of this appeal.

The appellant has been convicted for the offence under Section 394 read with Section 397 of IPC and sentenced to 7 years R.I. and fine of Rs.5,000/- with default clause.

Learned counsel for the appellant submits that the appellant has already suffered three and half years of sentence and in near future there is no chance for final hearing of this appeal, in such circumstances, the jail sentence of the appellant be suspended during the pendency of this appeal.

Government Advocate vehemently opposes the prayer. She submits that the conviction is well founded and in case the appellant is released on bail, he will not be available further. She prays for dismissal of the application.

I have considered the over all facts and circumstances of the case and I am of the view that the appellant has failed to make out a case for suspension of sentence. Thus, the application is dismissed.

(Jarat Kumar Jain) Judge bakshi Cr.A No.447/2015 12/08/2015 Parties through their counsel. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A No.515/2015 12/08/2015 Shri Gourav Verma, learned counsel for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant seeks permission to withdraw the application(IA No.3542/2015) for suspension of sentence.

Thus, IA No.3542/2015, is dismissed as withdrawn.

(Jarat Kumar Jain) Judge bakshi Cr.A No.594/2015 12/08/2015 Parties through their counsel. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A No.638/2015 12/08/2015 Shri ZA Khan, learned senior counsel with Shri Ramesh Gangare, learned counsel for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Government Advocate seeks time to argue the matter.

Prayer is accepted.

Let the matter be fixed on 18/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No.705/2015 12/08/2015 Shri I. Khan, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. Trial Court record be requisitioned. No notice is necessary as Smt. Shandilya, accepts notice on behalf of respondent/State.

Let the appeal be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi Cr.R No.803/2015 12/08/2015 Shri Rajendra Sharma, learned counsel for the applicants.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Heard on IA No.5916/2015, an application for a direction to the trial Court for depositing the fine amount.

Learned counsel for the applicants submits that the trial Court has convicted the applicants for the offence punishable under Sections 380 and 454 of IPC and sentenced to one year R.I. and fine of Rs.2,000/-each with default clause.

The applicants have filed an application for suspension of sentence, but this Court vide earlier order dated 21/07/2015, has dismissed the application for suspension of sentence.

Thereafter the applicants gone to trial Court and wish to deposit the fine amount but the learned trial Court refused to accept the fine amount. Therefore, suitable direction be issued to the trial Court.

Government Advocate has no objection in allowing the prayer.

The application is allowed. The trial Court is directed to receive the fine amount which is deposited by the applicants as per the order passed by the Additional Sessions Judge, Dhar, in Cr.A.No.159/2015, on 20/06/2014.

Let the revision be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A No.339/2014 12/08/2015 None for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Appellant's counsel is absent, therefore, the case is adjourned.

List after four weeks.

(Jarat Kumar Jain) Judge bakshi MCRC No.6756/2015 11/08/2015 Shri Devendra Singh, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

With the consent of the parties, heard finally. This is an application under Section 482 of Cr.P.C.. Learned counsel for the applicant submits that this Court vide order dated 20/07/2015 allowed MCRC No.5622/2015 and granted bail to the applicant Ramkesh and due to typographical error his father's name is shown as Ramser, whereas it should be Ramphere. It is submitted that the application be allowed.

Learned Government Advocate has no objection in allowed the application.

Considering the aforesaid, the application is allowed and it is directed that the order passed in MCRC No.5622/2015 on 20/07/2015, applicant Ramkesh father's name be read as Ramphere instead of Ramser. This order be read conjointly with the earlier order dated 20/07/2015.

Thus, the petition stands disposed of. CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No.3504/2015 11/08/2015 None for the applicant.

Shri Mukesh Kumwat, learned Panel Lawyer for the non applicant/State.

Case diary is available.

Applicant's counsel is absent, therefore, the case is adjourned.

Let the matter be fixed on 21/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.5319/2015 11/08/2015 Parties through their counsel. The status report has been called from the Special Judge, Ratlam.

Report is awaited.

Let the matter be fixed on 18/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No.958/2001 11/08/2015 Shri Ritesh Inani, learned counsel for the appellants. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Appellant No.1 Chhagan present in person. Heard on IA No.5642/2015, an application for condonation of absence.

Learned counsel for the appellants submits that appellant No.1 Chhagan could not mark his presence before the Registry on 25/02/2015, as in the slip the date was mentioned as 20th of April, 2015. Thus, the absence is bona fide and it be condoned.

For the reasons stated in the application, the application is allowed and the absence of appellant No.1 Chhagaon on 25/02/2015 is hereby condoned.

Appellant No.1, Chhagan, is directed to remain present before the Registry on 26/10/2015 and on all subsequent dates as may be fixed in this behalf by the Registry.

(Jarat Kumar Jain) Judge bakshi Cr.R No.986/2015 11/08/2015 Shri Manish Yadav, learned counsel for the applicant.

Smt.Mamta Shandilya, learned Government Advocate for the non applicant/State.

Heard on IA No.5979/2015, an application for exemption from filing certified copy of the trial Court judgment.

After due consideration, the application is allowed. Heard on the question of admission. The revision is admitted for final hearing. Also heard on IA No.55977/2015, an application for suspension of jail sentence.

The applicant has been convicted for the offence under Sections 34(A) of M.P. Excise Act and sentenced to 6 six months R.I. and fine of Rs.2,000/- with default clause.

Learned counsel for the applicant submits that during the trial the applicant was on bail and he has not mis-used the liberty. The applicant has a good case in revision. The disposal of the revision will take time. In such circumstances, the jail sentence of the applicant be suspended till the pendency of this revision and he be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the applicant has made out a case for suspension of jail sentence. Thus, the application (IA No.5977/2015) is allowed.

It is directed that subject to the applicant having deposited the fine amount and on furnishing personal bond of Rs.25,000/-(Rs. Twenty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before this Court/Registry on 27/10/2015 and on such subsequent dates as may be fixed by the office, the applicant be released on bail and the jail sentence under this revision shall remain suspended.

Record of the Courts below be requisitioned. Let the revision be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A No.912/2009 11/08/2015 Shri Amit Singh Chouhan, learned counsel for the appellant. The appellant present in person. Heard on IA No.4813/2015, an application for condonation of absence of the appellant.

Learned counsel for the appellant submits that this Court vide order dated 06/04/2015 allowed the application for suspension of jail sentence and fixed the date of appearance of the appellant before the Registry on 06/05/2015, but the appellant could not furnish the bail till 06/05/2015 and he has furnished the bail on 26/-5/2015. In such circumstances, he could not appear before the Registry on 06/05/2015. The absence is bonafide, therefore, it be condoned.

Government Advocate has no objection in allowing the application.

After due consideration the application is allowed. The appellant is directed to remain present before the Registry on 27/10/2015 and on all subsequent dates as may be fixed by the Registry in this behalf.

Let the appeal be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi Cr.A No.775/2009 11/08/2015 List along with Cr.A.No.912/2009.

(Jarat Kumar Jain) Judge bakshi Cr.A No.643/2013 11/08/2015 Shri Mukesh Sinjoniya, learned counsel for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

As prayed, list after two weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A No.339/2014 11/08/2015 None for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Appellant's counsel is absent, therefore, the case is adjourned.

List after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A No.1098/2014 11/08/2015 Shri Bharat Malviya, learned counsel for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant seeks time to argue on IA No.5772/2015, a repeat application for suspension of jail sentence.

Let the matter be fixed after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A No.697/2015 11/08/2015 List along with Cr.A.No.675/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No.830/2015 11/08/2015 List along with Cr.A.No.675/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No.675/2015 11/08/2015 Shri V. Modiwal, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant seeks time to argue on IA No.3723/2015, an application for suspension of jail sentence.

Prayer is accepted.

Learned counsel for the appellant also prays for analogous hearing with Cr.A.No.708/2015.

Office is directed to list the matter along with Cr.A.No.728/2015, on 19/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 1017/2015 11/8/2015 Shri Amit Bhatiya, learned counsel for the appellants.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. No notice is necessary as Smt Shandilya accepts notice on behalf of the respondent/State.

Also heard on IA No.5774/2015/2015, an application for suspension of jail sentence.

The appellant have been convicted for the offence under Sections 333 and 323/34 of IPC and sentenced to 2 years R.I. and fine of Rs.1,000/- and one year R.I. and fine of Rs.500/0 with default clause.

Learned counsel for the appellant submits that during the trial the appellants were on bail and they have not mis- used the liberty. The trial Court has already suspended the jail sentence of the appellants till 28/08/2015.. The disposal of the appeal will take time. In such circumstances, the jail sentence of the appellants be suspended till the pendency of this appeal and they be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the appellant have made out a case for suspension of jail sentence. Thus, the application (IA No.5774/2015) is allowed.

It is hereby directed that subject to the appellants having deposited the fine amount and on furnishing personal bond of Rs.25,000/-(Rs. Twenty Five Thousand)each with one surety in the like amount to the satisfaction of the Trial Court for theirs appearance before this Court/Registry on 27/10/2015 and on such subsequent dates as may be fixed by the office, the appellants be released on bail and the jail sentence under this appeal shall remain suspended.

Record of the Courts below be requisitioned. Let the appeal be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 1033/2015 11/8/2015 Shri NJ Dave, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. No notice is necessary as Smt Shandilya accepts notice on behalf of the respondent/State.

Also heard on IA No.5781/2015, an application for suspension of jail sentence.

The appellant has been convicted for the offence under Sections 452 of IPC and Section 7 and 8 of Protection of Child from Sexual Offence Act and sentenced to 3 years R.I. And fine of Rs.1,000/-, 3 years RI and fine of Rs.1,000/- with default clause.

Learned counsel for the appellant submits that during the trial the appellant was on bail and he has not mis-used the liberty. The trial Court has already suspended the jail sentence of the appellant till 14th of August, 2015.. The disposal of the appeal will take time. In such circumstances, the jail sentence of the appellant be suspended till the pendency of this appeal and he be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the appellant has made out a case for suspension of jail sentence. Thus, the application (IA No.5781/2015) is allowed.

It is hereby directed that subject to the appellant having deposited the fine amount and on furnishing personal bond of Rs.25,000/-(Rs. Twenty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before this Court/Registry on 27/10/2015 and on such subsequent dates as may be fixed by the office, the appellant be released on bail and the jail sentence under this appeal shall remain suspended.

Record of the Courts below be requisitioned. Let the appeal be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 1036/2015 11/8/2015 Shri Anupan Chouhan, learned counsel for the appellants.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. No notice is necessary as Smt Shandilya accepts notice on behalf of the respondent/State.

Also heard on IA No.5788/2015, an application for suspension of jail sentence.

The appellants have been convicted for the offence under Sections 325/34 and 323/34 of IPC and sentenced to one year RI and fine of Rs.1,000/- and 6 months R.I. and fine of Rs.1,000/- with default clause.

Learned counsel for the appellants submits that during the trial the appellants were on bail and they have not mis-used the liberty. The trial Court has already suspended the jail sentence till 22/08/2015. The disposal of the appeal will take time. In such circumstances, the jail sentence of the appellants be suspended till the pendency of this appeal and they be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the appellants have made out a case for suspension of jail sentence. Thus, the application (IA No.5788/2015) is allowed.

It is hereby directed that subject to the appellant having deposited the fine amount and on furnishing personal bond of Rs.25,000/-(Rs. Twenty Five Thousand)each with one surety in the like amount to the satisfaction of the Trial Court for their appearance before this Court/Registry on 27/10/2015 and on such subsequent dates as may be fixed by the office, the appellants be released on bail and the jail sentence under this appeal shall remain suspended.

Record of the Courts below be requisitioned. Let the appeal be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 1038/2015 11/8/2015 Shri Vivek Singh, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. No notice is necessary as Smt Shandilya accepts notice on behalf of the respondent/State.

Also heard on IA No.5801/2015, an application for suspension of jail sentence.

The appellant has been convicted for the offence under Sections 467/34 and 471/34 of IPC and sentenced to 3 years R.I. and fine of Rs.2,000/- for each offence.

Learned counsel for the appellant submits that during the trial the appellant was on bail and he has not mis-used the liberty. The trial Court has already suspended the jail sentence till 26/08/2015. The disposal of the appeal will take time. In such circumstances, the jail sentence of the appellant be suspended till the pendency of this appeal and he be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the appellant has made out a case for suspension of jail sentence. Thus, the application (IA No.5801/2015) is allowed.

Record of the Courts below be requisitioned. Let the appeal be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A No.1122/2000 11/08/2015 Shri NJ Dave, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant seeks permission to withdraw IA No.5252/2015, an application under Section 70(2) of Cr.P.C. and IA No.5253/2015, an application for condonation of basence.

Thus, these applications are dismissed as withdrawn. Notice of surety of appellant No.3, Shankar, returned with this report that surety Bhurala, S/o Natha has been died.

Non bailable warrant of appellant No.3 Shankar, returned with this report that presently he is not residing at the place shown in the warrant.

In such circumstances, permanent warrant of arrest be issued against appellant No.3 Shankar.

Let the appeal be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi Cr.A No.607/2002 11/08/2015 Ms. M.P.Pandey, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Counsel for the appellant submits that the appellant is hospitalized, therefore, he could not remain present before this Court and a date may be fixed for appearance.

Prayer is accepted.

Let the matter be fixed on 27/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No.966/2003 11/08/2015 Shri Vismit Panot, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant submits that he has communicated the date of appearance to the appellant, even though the appellant is not present.

In such circumstances, non bailable warrant be issued against the appellant and also issue notice to his surety as to why his bail bond be not forfeited.

Let the matter be fixed on 29/09/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No.1188 /2003 11/08/2015 None for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Bailable warrant of the appellant Mahesh, S/o Tulsiraj Kori, returned with this report that the appellant has been died on 21st of March, 2015. The report is received from Jivaji Police Station,Ujjain, supported by Tasdik Panchanama and the death certificate. In such circumstances, the appeal is dismissed as abated.

Trial Court record be sent back.

(Jarat Kumar Jain) Judge bakshi Cr.A. No.1433 /2007 11/08/2015 Shri Ramesh Gangare, learned counsel for the appellants.

Smt Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellants submits that appellant No.3, Idi Bee, has been died.

Government Advocate is directed to call verification report in regard to death of Idi Bee, W/o Ide Khan, R/o village Borband Tehsil Aklera, District Jhalawad, Rajasthan.

Let the matter be fixed on 29/09/2015.




                                       (Jarat Kumar Jain)
                                           Judge
bakshi
                      SA No.           /2013

11/08/2015

         Shri                           learned counsel for the
appellant.
         Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 05/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6912/2015 10/08/2015 Shri Harish Chandra Tripathi, learned counsel for the applicant.

Shri M. Phadke, learned Panel Lawyer for the non applicant/State.

After arguing at length, learned counsel for the applicant seeks permission to withdraw this petition with this liberty that he will file fresh application after recording the evidence of Chander Singh.

Accordingly, the petition is dismissed as withdrawn with the liberty, as prayed.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 1013/2015 10/8/2015 Shri JN Tiwari, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. No notice is necessary as Smt Shandilya accepts notice on behalf of the respondent/State.

Also heard on IA No.5700/2015, an application for suspension of jail sentence.

The appellant has been convicted for the offence under Section 8 read with 20 (b) (ii) (b) of NDPS Act and sentence to one year R.I. and fine of Rs.2,000/-.

Learned counsel for the appellant submits that during the trial the appellant was on bail and he has not mis-used the liberty. He is detained in jail since 24/07/2015.The appellant has good case in appeal. The disposal of the appeal will take time. In such circumstances, the jail sentence of the appellant be suspended till the pendency of this appeal and he be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the appellant has made out a case for suspension of jail sentence. Thus, the application (IA No.5700/2015) is allowed.

It is directed that on furnishing personal bond of Rs.25,000/-(Rs. Twenty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before this Court/Registry on 26/10/2015 and on such subsequent dates as may be fixed by the office, the appellant be released on bail and the jail sentence under this appeal shall remain suspended.

Record of the Courts below be requisitioned. Let the appeal be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No. 4339/2015 10/08/2015 Smt. Sharmila Sharma, learned counsel for the applicants.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Application of Mohan and Charan has been decided by Cooordinate Bench, Hon'ble Justice Smt. S.R.Wagmare, therefore, this application should have been heard by the same Bench.

Office is directed to list the matter before the appropriate Bench.

(Jarat Kumar Jain) Judge bakshi Cr.A. No.825/2015 10/08/2015 Shri I. Khan, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant seeks adjournment on the ground that his senior is not available.

Let the matter be fixed after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A. No.1441/2007 10/08/2015 Ku. Darshan Arora, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

As prayed, the case is fixed for appearance of the appellant No.2, Shravan Kumar, S/o Umrao Singh, and for consideration of IA No.5414/2015, on 24/08/2015.

(Jarat Kumar Jain) Judge bakshi SA No.281/2011 10/08/2015 Smt. Jyoti Tiwari, learned counsel for the appellants. Learned counsel for the appellant seeks one week's time to carry out the amendment in memo of appeal as per order dated 07/08/2015.

Today the case is listed for consideration of IA No.3675/2011. That application has already been decided by the aforesaid order.

Let the appeal be fixed for admission on 25/08/2015.

(Jarat Kumar Jain) Judge bakshi CRA No.207/2012 10/08/2015 Shri NJ Dave, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Service report of non bailable warrant issued against appellant Suraj, is awaited.

Let the matter be fixed on 21/08/2015.

(Jarat Kumar Jain) Judge bakshi CR.A No.778/2012 10/08/2015 Shri V. Modiwal, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant submits that the appellant has been died. He seeks time to produce appropriate application and the death certificate of the appellant.

Meanwhile, Government Advocate is directed to verify the fact of death of appellant Bhanupratap, @ Kalu, S/o Mohan Singh Rathore, R/o Abhapuri, police station Chainpur district Khargone.

Copy of this order be supplied to Government Advocate.

List after three weeks.

(Jarat Kumar Jain) Judge bakshi CRA No.894/2012 10/08/2015 List along with Cr.A.No.778/2012.

(Jarat Kumar Jain) Judge bakshi CRA No.1229/2012 10/08/2015 None for the appellant.

Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

As per letter received from IInd Additional Sessions Judge, Ujjain, the appellant has already suffered jail sentence and he has been released by the Central Jail, Bherugarh. In such circumstance, non bailable warrant issued against appellant returned unserved.

Let the matter be fixed for further orders on 20/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 1259/2012 10/08/2015 Shri KK Tiwari, learned counsel for the applicants. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Applicant No.2 Subhash, S/o Prema is absent since 21/01/2014.

Learned counsel for the applicants submits that he has no information about his whereabout.

In such circumstances, non bailable warrant be issued against applicant No.2, Subhash, and also issue notice to his surety as to why his bail bond be not forfeited.

Let the matter be fixed on 21/09/2015.

(Jarat Kumar Jain) Judge bakshi MA No. 1609/2012 10/08/2015 Shri Jafar Qureshi, learned counsel for the appellant. Shri B. Parera, learned counsel appears on behalf of Shri S.Patwar, learned counsel for the respondents No. 1 and

2. Shri SK Meena, learned counsel for the respondent No.3.

Learned counsel for the appellant further seeks one week's time to verify whether 23/06/2015, has been complied with or not.

Prayer is accepted.

Let the matter be fixed on 18/08/2015.

(Jarat Kumar Jain) Judge bakshi MA No. 1314/2013 10/08/2015 Shri CP Purohit, learned counsel for the appellant. Notice of respondents No.1 and 2 received unserved as notices were received after the date of hearing.

On payment of PF within a week, issue notice to the respondents No. 1 and 2.

Let the matter be fixed for service report of respondents No.1 and 2, on 22/09/2015.

(Jarat Kumar Jain) Judge bakshi MA No.1925/2013 10/08/2015 None for the appellant.

Ms. Khushbu Ajmera, learned counsel for the respondents No.1 and 2.

None for respondents No.3 and 4, though served. Notice of respondent No.5 returned unserved. On payment of fresh PF within a week, issue notice to the respondent No.5.

Trial Court record be requisitioned. Let the matter be fixed on 22/09/2015.

(Jarat Kumar Jain) Judge bakshi MA No.2635/2013 10/08/2015 Shri Jafar Qureshi, learned counsel for the appellant. Notice of respondents No.6 and 7 returned unserved for want of correct address.

Appellant's counsel is directed to pay fresh PF with correct address within a week.

Issue notice to the respondents No.6 and 7. Let the matter be fixed for service report of respondents No.6 and 7, on 28/09/2015.

(Jarat Kumar Jain) Judge bakshi CR No. 88/2014 10/08/2015 Shri B.S.Gandhi, learned counsel for the applicant. Shri KC Yadav, learned counsel for the non applicant.

Learned counsel for the non applicant is pressing that he has filed the application for vacating stay IA No.7354/2014, which may be decided first.

At this juncture, learned counsel for the applicant submits that he is ready to argue on merits.

In such circumstances, the case is fixed for final hearing at motion stage on 20/08/2015. It is made clear that no adjournment shall be allowed in future.

(Jarat Kumar Jain) Judge bakshi CRA No. 112/2014 10/08/2015 Shri Asif Warsi, learned counsel for the appellant. Smt. Mamta Shandilya, learned Government Advocate for the respondent/State.

The appellant did not mark his presence before the Registry of this Court on 14/07/2015.

Learned counsel for the appellant submits that he could not communicate the date of appearance before this Court, to the appellant. He submits that bailable warrant be issued against the appellant.

Prayer is accepted.

Let bailable warrant of Rs.20,000/- be issued against the appellant for his appearance before this Court on 08/09/2015.

Let the matter be fixed on 08/09/2015.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 10/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 05/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.417/2011 07/08/2015 Shri Mukesh Sinjoniya, learned counsel for the applicant.

Shri Harish Joshi, learned counsel for the non applicants No. 1 to 2.

With the consent of the parties, heard finally. Reserved for order.

(Jarat Kumar Jain) Judge bakshi CRR No.286/2012 07/08/2015 None for the applicant.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

This revision is pending since 2012. Nobody gave appearance on behalf of the applicant on 04/03/2015, 13/03/2015, 10/04/2015, 17/04/2015 and 24/04/2015. It seems that the applicant is not interested in prosecuting this revision.

The First Appellate Court in Cr.A.No.241/2011 on 27/02/2014 has affirmed the conviction of the appellant for the offence under Section 379 of IPC and maintained the conviction up to 2 years and fine of Rs.100/-

The trial Court shall take necessary steps for compliance of this order of conviction.

The records of the Courts below be sent back immediately with this order.

(Jarat Kumar Jain) Judge bakshi MCRC No. 7975/2013 07/08/2015 Shri I. Ansari, learned counsel for the applicant. Shri Anurag Vyas, learned counsel for the non applicants.

Shri Vyas seeks time to file Vakalatnama on behalf of the non applicants.

Prayer is accepted.

Let the matter be fixed for final hearing at motion stage on 25/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.9905/2013 07/08/2015 Shri Prateek Maheshwari, learned counsel for the applicant.

Shri Tausif Warsi, learned counsel for the non applicants No. 1 to 5.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant No.6.

Learned counsel for the non applicants No. 1 to 5 submits that applicant's counsel has not supplied copy of the petition and applicant's counsel is directed to supply copy of the petition along with the annexures to the non applicants counsel.

Let the matter be fixed for final hearing at motion stage on 20/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.23/2014 07/08/2015 Parties through their counsel. Learned counsel for the applicant submits that non applicant No.1 has not supplied copy of IA No.53/2015.

Non applicant's counsel is directed to supply copy to applicant's counsel positively within two days.

Let the matter be fixed for consideration of IA No.53/2015.

Let the matter be fixed on 20/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.1103/2014 07/08/2015 Shri Jitendra Shejwar, learned counsel for the applicant.

Shri Hitesh Sharma, learned counsel for the non applicant.

With the consent of the parties, heard finally. Reserved for order.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 07/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 257/2013 06/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6533/2015 06/08/2015 Shri Vivek Singh, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.98/2015 registered at police station Nagalwadi district Barwani, for the offence punishable under Section 34(2) of the Excise Act.

As per prosecution case, 60 bulk liter liquor has been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant is permanent resident of district Barwani. He has no criminal antecedent and he has been falsely implicated in this case. He is detained in jail since 14/06/2015. The trial will take considerable time to conclude. In such circumstances, the applicant be enlarged on bail.

On the other hand learned Government Advocate opposes the prayer.

Considering over all facts and circumstances of the case, I am of the view that the applicant has made out a case for granting bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

The applicants is directed to attend each hearing of their trial before the trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6543/2015 06/08/2015 Parties through their counsel. Case diary is available.

Learned Government Advocate further seeks time for producing the criminal antecedent of the applicant.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6545/2015 06/08/2015 Parties through their counsel. Learned Government Advocate seeks time for producing the case diary.

Prayer is accepted.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6558/2015 06/08/2015 Parties through their counsel. Learned Government Advocate seeks time for producing the Test Identification Report as such report is not attached with the case diary.

By way of last indulgence, time is granted. Let the matter be fixed on 17/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6553/2015 06/08/2015 Parties through their counsel. Learned Government Advocate seeks time for producing the Test Identification Report as such report is not attached with the case diary.

By way of last indulgence, time is granted. Let the matter be fixed on 17/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6561/2015 06/08/2015 Parties through their counsel. Learned Government Advocate seeks time for producing the case diary.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 4400/2015 06/08/2015 Shri Vivek Singh, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

After arguing at length, learned counsel for the applicant seeks permission to withdraw the petition.

Thus, the petition is dismissed as withdrawn.

(Jarat Kumar Jain) Judge bakshi MCRC No. 4527/2015 06/08/2015 Shri Vivek Singh, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.72/2015 registered at police station Alirajpur district Alirajpur, for the offence punishable under Sections 34(2), 36 and 46 of the Excise Act.

Learned counsel for the applicants submits that the applicants is permanent resident of district Alirajpur. He has no criminal antecedent and he has been falsely implicated on the basis of memorandum of co-accused. No recovery has been made from his possession. He is detained in jail since 21/05/2015. The trial will take considerable time to conclude. In such circumstances, the applicant be enlarged on bail.

On the other hand learned Government Advocate opposes the prayer.

Considering over all facts and circumstances of the case, I am of the view that the applicant has made out a case for granting bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No. 4497/2015 06/08/2015 Shri V.K.Sitole, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Government Advocate is directed to call the complete case diary. He is further directed to produce test identification memo and seizure report of the items seized from the possession of the applicant.

The present application is pending since Ist of June, 2015. After granting so many opportunities, the prosecution is not able to produce the requisite papers. It seems that the prosecution is not interested or deliberately not producing the same.

Explanation be called from the Investigating Officer as to why he has not produced the complete case diary in time and the Government Advocate is also directed to keep present Investigating Officer with the case diary on 10/08/2015.

Let the matter be fixed on 10/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 4866/2015 06/08/2015 Parties through their counsel. Learned Government Advocate seeks time for producing the case diary. He is also directed to call report of criminal antecedent of the applicant.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 5028/2015 06/08/2015 Parties through their counsel. Learned Government Advocate further seeks 3 days time for producing the case diary. He is also directed to call explanation from the concerned Superintendent of Police as to why case diary has not been sent to this Court after granting so many opportunities.

Let the matter be fixed on 13/08/2015. Copy of the order be supplied to the Government Advocate.

(Jarat Kumar Jain) Judge bakshi MCRC No.5332/2015 06/08/2015 Shri Gagan Parashar, learned counsel for the applicant.

Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.44/2015 registered at police station Azad Nagar, Indore, for the offence punishable under Sections 326, 324, 323, 294 and 506 read with Section 34 of the IPC.

Learned counsel for the applicants submits that the applicant is a young person and he is permanent resident of district Indore. He has no criminal antecedent. There was some altercation between the applicant and the victim. The victim was in the state of intoxication. Co-accused has already been granted bail. The applicant is detained in jail since 26/03/2015. The trial will take considerable time to conclude. In such circumstances, the applicant be enlarged on bail.

On the other hand learned Government Advocate opposes the prayer.

Considering over all facts and circumstances of the case, I am of the view that the applicant has made out a case for granting bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No.5676/2015 06/08/2015 Shri NJ Dave, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.8/2014 registered at police station Badwaha district Khargone, for the offence punishable under Sections 394, 398, 450, 452, 455 and 457 of the IPC.

Learned counsel for the applicants submits that earlier the applicant was granted bail by the trial Court, subsequently he has jumped the bail on two occasions and ultimately permanent warrant has been issued against him and in compliance of the warrant he was produced before the Additional Sessions Judge on 23/01/2015 and since then he is detained in jail. Learned counsel for the applicant assures that now the applicant will attend the court proceedings regularly, therefore, he be granted bail.

On the other hand learned Government Advocate opposes the prayer.

Considering over all facts and circumstances of the case, I am of the view that the applicant has made out a case for granting bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

The applicant is directed to attend each hearing of their trial before the trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No.5683/2015 06/08/2015 Parties through their counsel. Learned Government Advocate seeks time for producing the case diary.

Prayer is accepted.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.5689/2015 06/08/2015 Parties through their counsel. Learned Government Advocate further seeks time for producing the case diary and criminal antecedent of the applicant.

Government Advocate is directed to comply the order positively.

Let the matter be fixed on 14/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.5976/2015 06/08/2015 Parties through their counsel. Learned Government Advocate further seeks time for producing the case diary and criminal antecedent of the applicant.

Government Advocate is directed to comply the order positively.

Let the matter be fixed on 14/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 5741/2015 06/08/2015 Parties through their counsel. Application of co-accused Ramesh has been disposed of by coordinate Bench Hon'ble Shri Justice T.K.Kaushal, therefore, this application should have been heard by the same Bench.

List before the appropriate Bench in the next week.

(Jarat Kumar Jain) Judge bakshi MCRC No.5770/2015 06/08/2015 Shri Yogesh Gupta, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Shri Vivek Singh, learned counsel for the Objector. Learned counsel for the applicant seeks one week's time to produce the evidence recorded during the trial.

Prayer is accepted.

Office is directed to list the matter in next week.

(Jarat Kumar Jain) Judge bakshi MCRC No. 5922/2015 06/08/2015 Shri NJ Dave, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Learned counsel for the applicant submits that the applicantion has rendered infructuous.

Accordingly the application is dismissed as having become infructuous.

(Jarat Kumar Jain) Judge bakshi MCRC No.6037/2015 06/08/2015 Shri R.K.Swarnkar, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

By the same crime number the application of co- accused Shahnawaj has been decided by coordinate Bench Hon'ble Justice Smt. S.R.Wagmare.

In such circumstances, this application should have been heard by the same Bench.

Office is directed to list the matter before coordinate Bench on 10/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6175/2015 06/08/2015 Shri NJ Dave, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Government Advocate is directed to call case diary. Earlier application of applicant Narayan has been decided by the coordinate Bench of this Court Hon'ble Justice Smt. S.R.Wagmare, therefore, this application should have been heard by the same Bench.

Office is directed to list this petition before the appropriate Bench (Jarat Kumar Jain) Judge bakshi MCRC No.6248/2015 06/08/2015 Parties through their counsel. Government Advocate seeks time for producing the case diary. He is also directed to call criminal antecedent of the applicant.

Let the matter be fixed on 12/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6354/2015 06/08/2015 Shri Vivek Singh, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.242/2014 registered at police station Nagalwadi district Barwani, for the offence punishable under Section 34(2) of Excise Act.

As per prosecution case 72 bulk litre liquor has been seized from the possession of co-accused Rajesh.

Learned counsel for the applicant submits that the applicant is permanent resident of district Barwani. He has no criminal antecedent and he has been falsely implicated in this case. He is detained in jail since 05/07/2015. The trial will take considerable time to conclude. In such circumstances, the applicant be enlarged on bail.

On the other hand learned Government Advocate opposes the prayer.

Considering over all facts and circumstances of the case, I am of the view that the applicant has made out a case for granting bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with tone surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6458/2015 06/08/2015 Shri Nitesh Patidar, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Government Advocate seeks time for producing the case diary.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6502/2015 06/08/2015 Shri A.K.Saraswat, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

After arguing at length, learned counsel for the applicant seeks permission to withdraw this petition with liberty to repeat the application for bail after recording the evidence of Murtja.

The petition is dismissed as withdrawn with the aforesaid liberty.

(Jarat Kumar Jain) Judge bakshi MCRC No.5306/2015 05/08/2015 Shri Anupan Chouhan, learned counsel for the applicant.

Shri MA Mansoori, learned Government Advocate for the non applicant/State.

Learned counsel for the applicant submits that the applicant has been transferred from Alirajpur to Central Jail, Indore.

Government Advocate is directed to call health report and the medical papers of the applicant.

Let the matter be fixed in the next week.

(Jarat Kumar Jain) Judge bakshi MCRC No.5887/2015 05/08/2015 Shri Manoj Saxena, learned counsel for the applicants.

Shri MA Mansoori, learned Government Advocate for the non applicant/State.

Learned counsel for the applicants submits that in earlier copy of the impugned order bail application number was not mentioned, therefore, he has filed second certified copy of the impugned order in which bail application No.175/2015 has been mentioned. Thus, he has cured the defect.

This is first bail application under Section 439 of the Code of Criminal Procedure. The applicants are in custody in connection with Crime No.232/2015 registered at police station Kurawar district Rajgarh(Biora), for the offence punishable under Sections 354/34 of I.P.C. And 7/8 of the Protection of Childrem from Sexual Offences Act, 2012.

Learned counsel for the applicants submits that the applicants are permanent resident of district Rajgarh. They have no criminal antecedent and they have been falsely implicated in this case. They are detained in jail since 26/02/2015. The trial will take considerable time to conclude. In such circumstances, the applicants be enlarged on bail.

On the other hand learned Government Advocate opposes the prayer. He submits that the prosecutrix in her statement recorded under Section 164 of the Code of Criminal Procedure, supports the prosecution case, therefore, he prays for dismissal of the application.

Considering over all facts and circumstances of the case, I am of the view that the applicants have made out a case for granting bail. Thus, the application is allowed and it is directed that the applicants be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only)each with two solvent sureties in the like amount to the satisfaction of the trial Court for their appearance as and when directed.

The applicants are directed to attend each hearing of their trial before the trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC No. 5914/2015 05/08/2015 Shri Neelesh Dave, learned counsel for the applicant. He submits that he has already cured the defect and filed the application for condonation of delay which is IA No.5816/2015.

Office is directed to place the same on record. On payment of PF within a week, issue notice to the non applicants of IA No.5816/2015.

In the meanwhile, trial Court record be requisitioned. Let the matter be fixed for consideration of IA No.5816/2015, on 16/09/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6034/2015 05/08/2015 Shri H. Pawar, learned counsel for the applicant. Shri MA Mansoori, learned Government Advocate for the non applicant/State.

Case diary is available.

Learned counsel for the applicant submits that he has already cured the defect pointed out by the Office.

Learned counsel for the applicant seeks time on the ground that he has to file some documents.

Prayer is accepted.

Let the matter be fixed after two weeks.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6199/2015 05/08/2015 Shri Lokesh Mehta, learned counsel for the applicant. Shri MA Mansoori, learned Government Advocate for the non applicant/State.

Case diary is available.

Learned counsel for the applicant prays for one week's time for curing the defect.

Prayer is accepted.

List after a week.

(Jarat Kumar Jain) Judge bakshi MCRC No.6457/2015 05/08/2015 Shri P.Choubey, learned counsel for the applicant. Smt. MA Mansoori, learned Government Advocate for the non applicant/State..

Learned counsel for the applicant submits that he has already cured the defect.

Office to verify and proceed.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6475/2015 05/08/2015 Shri Abhijeet Singh Rathore, learned counsel for the applicant.

Shri MA Mansoori, learned Government Advocate for the non applicant/State.

After arguing the application at length, learned counsel for the applicant seeks permission to withdraw this petition with this liberty that the applicant shall surrender before the competent Court.

The petition is dismissed with the aforesaid liberty. The competent Court is expected to decide the application expeditiously.

(Jarat Kumar Jain) Judge bakshi CRR No. 1368/2009 05/08/2015 Shri Rishi Agrawal, learned counsel for the applicant. None for the non applicant.

Learned counsel for the applicant seeks time to argue the matter on the ground that his brief has been mis placed.

Office has not called verification report about the death of non applicant Bhawar Singh, S/o Bheru Singh, from the concerned police station.

Let the matter be fixed on 02/09/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 7176/2014 05/08/2015 Shri S.Sharma, learned counsel for the applicants. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Learned counsel for the applicants seeks permission to withdraw this petition.

Thus, the petition is dismissed as withdrawn.

(Jarat Kumar Jain) Judge bakshi MCRC No.7442/2014 05/08/2015 Shri Kamal Aeran, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant No.1.

Shri Prateek Maheshwari, learned counsel for the non applicant No.2.

Shri NS Tomar, learned counsel for the Objector. Learned counsel for the applicant seeks time to file reply of IA No.1188/2015.

Prayer is accepted.

Let the matter be fixed on 18/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.9694/2014 05/08/2015 Shri V. Shrivastava appears on behalf of Shri S. Joshi, learned counsel for the applicant.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Case diary is available.

Learned counsel for the applicant prays for an adjournment.

On earlier occasion, last opportunity was granted to the counsel to argue the matter, even though the counsel is again seeking adjournment.

Toady arguing counsel is absent, therefore, the case is adjourned for four weeks with this condition that no further adjournment shall be allowed.

Let the matter be fixed after four weeks.

(Jarat Kumar Jain) Judge bakshi MCRC No.10428/2014 05/08/2015 Shri SR Madrosiya, learned counsel for the applicant. None for the non applicant No.1. Smt. Mamta Shandilya, learned Government Advocate for the non applicant No.2./State.

Notice of non applicant No.1 returned with this report that the applicant is not residing at the place shown in the notice.

On payment of PF within a week with correct address, issue notice to the non applicant No.1.

Let the matter be fixed on 10/09/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 3/2015 05/08/2015 Shri S. Sharma, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Learned counsel for the applicant submits that the case diary is necessary for the disposal of this revision.

Learned Government Advocate is directed to call the case diary.

In the meanwhile, Office is directed to call status report of the ST No.287/2014.

Let the matter be fixed on 01/09/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No. 228/2015 05/08/2015 None for the appellant.

The case is adjourned.

Let the matter be fixed after three weeks for admission.

(Jarat Kumar Jain) Judge bakshi MCRC No.338/2015 05/08/2015 Parties through their counsel. Learned Government Advocate further seeks time to call report as per earlier order dated 25/06/2015.

Government Advocate is directed to positively call the report.

Let the matter be fixed on 20/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 541/2015 05/08/2015 Parties through their counsel. Records of the Courts below be requisitioned immediately and thereafter list the matter for admission and for consideration of IA No.3357/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.634/2015 05/08/2015 Shri P. Choudhary, learned counsel for the applicant. He submits that he has paid requisite court fee.

Office to verify and thereafter list the matter for admission on 20/08/2015.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 22/07/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 03/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 04/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 676/2014 04/08/2015 Shri VP Saraf, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant No.1/State.

Shri DS Patel, learned counsel for the non applicant No.2.

None for respondents No. 3 to 7, though served. With the consent of the parties, heard finally. Reserved for order.

(Jarat Kumar Jain) Judge bakshi CRR No. 1116/2014 04/08/2015 Parties through their counsel. Learned counsel for the applicant seeks time to verify the contents of the affidavit which is supplied by the non applicant.

Prayer is accepted.

Let the matter be fixed on 25/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 1191/2014 04/08/2015 Parties through their counsel. Learned counsel for the applicant seeks time to verify the contents of the affidavit which is supplied by the non applicant.

Prayer is accepted.

Let the matter be fixed on 25/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.5298/2014 04/08/2015 Shri Rajesh Yadav, learned counsel for the applicant. Smt.Mamta Shandilya, learned Government Advocate for the non applicant No.1/State.

Shri AS Rathore, learned counsel for the non applicant No.2.

Learned counsel for the parties seek time to produce the status report of the case.

In the meanwhile, Office is directed to call status report from the trial Court.

Government Advocate is directed to call the case diary.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 6085/2014 04/08/2015 Shri Navneet Kishore, learned counsel for the applicant.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Learned counsel for the applicant submits that till date final report has not been filed by the concerned police station.

Learned Government Advocate seeks time to verify whether final report has been filed or not.

Learned counsel for the applicant seeks adjournment on the ground that his senior Shri Z.A.Khan, is not available today.

Prayer is accepted.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.18/2015 04/08/2015 Parties through their counsel. Learned counsel for the non applicant further seeks time to file reply of application for condonation of delay.

Prayer is accepted.

Let the matter be fixed for consideration of IA No.575/2015, on 17/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 559/2015 04/08/2015 Shri S. Patidar, learned counsel for the applicant. Ms. Seema Maheshwari, learned counsel for the non applicant.

Learned counsel for the non applicant submits that the copy supplied by the applicant's counsel is not legible, therefore, applicant's counsel is directed to supply legible copy to the non applicant's counsel.

Let the matter be fixed for admission on 18/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 312/2015 04/08/2015 Parties through their counsel. As prayed, list on 11/08/2015.

(Jarat Kumar Jain) Judge bakshi CRA No. 582/2015 04/08/2015 Shri A.Solanki, learned counsel for the appellants. Respondent present in person. Respondent submits that he has also filed an appeal, but inadvertently appeal No.740/2015, has been dismissed in non compliance of the order, therefore, he will file an application for restoring the appeal, during the course of the day.

In such circumstances, the appeal is adjourned. Interim relief to continue till the next date of hearing. Let the matter be fixed on 07/09/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 885/2015 04/08/2015 Shri Vinay Zelawat, learned senior counsel with Shri AS Parihar, learned counsel for the applicant.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Learned Government Advocate prays for 10 days time to file reply of IA No.5336/2015.

Prayer is accepted.

Interim relief to continue till the next date of hearing. Let the matter be fixed in the week commencing 17/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.913/2015 04/08/2015 Shri Ashish Gupta, learned counsel for the applicant. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Learned counsel for the applicant seeks time to file copy of impugned order along with copy of final report.

Prayer is accepted.

Let the matter be fixed on 11/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 5854/2015 04/08/2015 Shri Nitin Vyas, learned counsel for the applicant. Shri MA Mansoori, learned Government Advocate for the non applicant/State.

After arguing at length, learned counsel for the applicant seeks permission to withdraw this second bail application filed under Section 439 of Cr.P.C..

The petition is dismissed as withdrawn.

(Jarat Kumar Jain) Judge bakshi MCRC No.6566/2015 04/08/2015 None for the applicant.

Shri MA Mansoori, learned Government Advocate for the non applicant/State.

Case diary is available.

Let the matter be fixed on 12/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 4106/2014 04/08/2015 Shri Jafar Qureshi, learned counsel for the applicant. Shri Devendra Kumar Goyal, learned counsel for the non applicant No.1.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant No.2/State.

Learned counsel for the applicant submits that there is possibility of compromise, therefore, he prays for adjournment.

Prayer is accepted.

Let the matter be fixed on 24/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.7496/2014 04/08/2015 Shri S.Jain, learned counsel for the applicants. Shri I. Khan, learned counsel for the non applicant No.1.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant No.2/State.

Learned counsel for the applicants seeks adjournment on the ground that his senior Shri AS Garg shall argue the matter and today he is not available.

Prayer is accepted.

In the meanwhile ,Government Advocate is directed to call the case diary.

Interim relief to continue till the next date of hearing. Let the matter be fixed for consideration of IA No.3253/2015, on 11/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 260/2015 04/08/2015 None for the applicant.

Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

Applicant's counsel is absent, therefore, the case is adjourned.

Let the matter be fixed on 26/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 338/2015 04/08/2015 Parties through their counsel. As prayed, list on 07/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 484/2015 04/08/2015 Shri AK Saraswat, learned counsel for the applicants. Smt. Mamta Shandilya, learned Government Advocate for the non applicant/State.

After arguing for sometime, learned counsel for the applicants seeks permission to withdraw the petition with this liberty that the applicants shall raise all the defence before the trial Court.

Accordingly, the petition is dismissed as withdrawn.

(Jarat Kumar Jain) Judge bakshi MCRC. No. 6478/2015 03/08/2015 Shri I.A.Ansari learned counsel for the applicant. Shri M.A.Mansoori, learned Government Advocate for the respondent/State.

Heard with the aid of case diary. This is first application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.232/2013 registered at police station Biora district Rajgarh for the offence punishable under Sections 382, 460 and 412 of the IPC.

Learned counsel for the applicant submits that the applicant is permanent resident of district Guna. He has no criminal antecedents. He has been implicated in this case on the basis of memorandum of co-accused. The recovery itself is suspicious as after more than 2 years, iron rod has been recovered from the possession of the applicant. The trial will take time to conclude. In such circumstances, the applicant be granted bail.

Government Advocate opposes the prayer. After due consideration, I am of the considered view that the applicant has made out a case for granting the bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.25,000/- (Twenty Five Thousand) with two local sureties in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

The applicant is directed to attend each hearing of his trial before the trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 655/2003 03/08/2015 Shri Ravi Sharma, learned counsel for the appellants. Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Learned counsel for the appellant submits that the appellant No.1, Dharmendra Chourasiya, has been died on 06/10/2014.

As per report of police station Mahakal, Ujjain, appellant Dharmendra has been died and in support of this report photocopy of death certificate is attached.

Considering this fact, the appeal against appellant No.1 is abated.

Appellant's counsel is directed to delete the name of appellant No.1 from the cause title of the memo of appeal.

Let the appeal be fixed for final hearing in due course for appellant No.2.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 963/2003 03/08/2015 Shri Gaurav Verma, learned counsel for the appellant.

Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Appellant No.2, Mukesh did not mark his presence before the Registry on 10/07/2015.

Counsel for the appellant prays for time for producing the appellant.

Prayer is accepted.

Counsel for the appellant is directed to keep the appellant present on 13/08/2015.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 362/2010 03/08/2015 None for the appellant.

Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Service report of non bailable warrant and notice to surety is awaited.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 103/2011 03/08/2015 Shri Gaurav Verma, learned counsel for the appellant.

Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Learned counsel for the appellant prays for 10 days time for producing the appellant.

Prayer is accepted.

Counsel for the appellant is directed to keep the appellant present on 13/08/2015.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 1248/2010 03/08/2015 Shri I. Khan, learned counsel for the appellant. Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Learned counsel for the appellant prays for 15 days time for producing the appellant.

Prayer is accepted.

Counsel for the appellant is directed to keep the appellant present on 17/08/2015.

Let the matter be fixed on 17/08/2015.

(Jarat Kumar Jain) Judge bakshi CRA No.648/2012 03/08/2015 Shri I. Khan, learned counsel for the appellant. Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Learned counsel for the appellant submits that the appellant could not furnish the bail in compliance of the Order of this Court dated 29/06/2015, as still he is in jail, therefore, he could not appear before the Registry today.

Now the appellant is directed to furnish the bail in compliance of the earlier order. He shall remain present before the Registry of this Court on 02/09/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 12/2012 03/08/2015 Parties through their counsel. It is submitted by the parties that they have entered into compromise but, they seek time for depositing the compounding fees before the Legal Service Authority.

Prayer is accepted.

Let the matter be fixed on 20/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 1266/2012 03/08/2015 Shri P. Newalkar, learned counsel for the appellant. Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Learned counsel for the appellant submits that any date may be fixed for the appearance of the appellant.

Prayer is accepted.

Appellant's counsel is directed to keep the appellant present on 25/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.50/2013 03/08/2015 Shri Mehta, learned counsel for the applicant. Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Applicant Mohan Singh is produced by G.S.Tiwari, Head Constable from police station Shujalpur. He be sent back to jail to suffer remaining part of jail sentence.

Let the revision be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 804/2013 03/08/2015 Shri Mukesh Kumawat, learned Panel Lawyer for the appellant/State.

Shri Bhagwan Singh, learned counsel for the respondent.

Respondent/Shyamlal present in person. Heard on IA No.5746/2015, an application for condonation of absence.

Learned counsel for the respondent submits that respondent was ill, therefore, he could not mark his presence before the Registry on 14/07/2015.

After due consideration, the application is allowed. The respondent is directed to appear before the Registry on 08/09/2015 and on all subsequent dates as may be fixed by the Registry in this behalf.

(Jarat Kumar Jain) Judge bakshi Cr.A No.1663/2013 03/08/2015 None for the appellants.

Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Learned counsel for the respondent submits that as per report of police station Vijay Nagar, Indore, appellant No.1 Rakesh @ Shankarlal, S/o Ramnarayan Sisodiya, has committed suicide and Merg No.27/2014, has been registered. Learned counsel for the respondent is directed to file this report during the course of the day.

In such circumstances, the appeal against appellant No.1 is abated.

Let the matter be fixed on 08/09/2015.

(Jarat Kumar Jain) Judge bakshi CRA No. 449/2014 03/08/2015 Shri Mukesh Kumawat, learned Panel Lawyer for the appellant.

None for the respondent.

As per office report bailable warrant of the respondent has been served. The trial Court has directed the respondent to appear before the Registry on 01/08/2015.

Office to produce the report whether the respondent has appeared before the Registry on 01/08/2015.

Let the matter be fixed for further orders on 18/08/2015.

(Jarat Kumar Jain) Judge bakshi CRR No. 604/2014 03/08/2015 None for the applicant.

Shri Mukesh Kumawat, learned Panel Lawyer for the non applicant/State.

Applicant has not marked his presence before the Registry on 09/07/2015. His counsel is also absent. Non bailable warrant be issued against the applicant and also issue notice to his surety as to why his bail bond be not forfeited. Notice be made returnable within four weeks.

Let the matter be fixed on 15th of September, 2015.

(Jarat Kumar Jain) Judge bakshi Cr.A No. 698/2014 03/08/2015 Shri Mukesh Kumawat, learned Panel Lawyer for the appellant/State.

In compliance of the non bailable warrant, police station Biora district Rajgarh, has sent a report that respondent No.2, Radheshyam, S/o Bapulal, has been died on 28/01/2015. This report is supported by the photocopy of the death certificate.

Considering this fact, as the respondent No.2, has been died, therefore, his appeal abates.

Let the appeal be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 921/2014 03/08/2015 Shri S. Gupta, learned counsel for the appellant. Shri RP Joshi, learned counsel for the respondent. Respondent/Aabid Khan, present in person. Aabind Khan is directed to furnish bail bond of Rs.25,000/- for securing his presence before this Court/Registry.

Learned counsel for the appellant submits that the appellant shall positively furnish the bail bond before the trial Court.

The respondent is directed to appear before this Court/Registry on 3rd of September, 2015, and on all subsequent dates as may be fixed by the Registry in this behalf.

Let the appeal be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi Cr.A No. 1815/2014 03/08/2015 None for the appellant.

Shri B.Solanki, learned counsel for the respondent. Respondent/Hakamsingh, present in person. Learned counsel for the respondent submits that respondent has already furnished the bail bond for appearance before the trial Court.

The respondent is directed to mark his presence before the Registry on 7th of September, 2015, and on all subsequent dates as may be fixed by the Registry in this behalf.

Learned counsel for the appellant is directed to supply copy of memo of appeal to the respondent's counsel.

Let the matter be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi CRR No. 547/2015 03/08/2015 Shri SS Garg, learned counsel for the applicants. None for the non applicant.

Learned counsel for the applicants submits that counsel of the non applicant is absent therefore no adjournment shall be allowed and the trial may be stayed.

Considering the facts of this case, the case is adjourned with this direction that in case nobody will represent the non applicant on the next date, the Court will pass the appropriate order.

Let the matter be fixed on 13/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No. 4339/2015 03/08/2015 None for the applicants.

Shri M.A.Mansoori, learned Government Advocate for the non applicant/State.

Learned Government Advocate further seeks time for producing the criminal record of the applicants. The State has also not complied the direction of this Court for keeping the Investigating Officer present before this Court.

Government Advocate is directed to keep present Investigating Officer on the next date along with the record. No further adjournment shall be allowed.

A copy of the order be supplied to the Government Advocate.

Let the matter be fixed on 10/08/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6167/2015 03/08/2015 None for the applicants.

Shri M.A.Mansoori, learned Government Advocate for the non applicant/State.

Case diary is available.

This is second bail application and the counsel for the applicants is absent, therefore, the case is adjourned.

Government Advocate is directed to send back the case diary.

Let the matter be fixed on 03/09/2015.

(Jarat Kumar Jain) Judge bakshi MCRC No.6734/2015 03/08/2015 Shri Ritesh Inani, learned counsel for the applicants. Shri M.A. Mansoori, learned Government Advocate for the non applicant No.1/State.

Learned counsel for the applicants submits that non applicant No.2 has filed a private complaint 156(3) of the Cr.P.C and on this basis the Magistrate has registered a complaint and directed for investigation to police station Rajendra Nagar, Indore. In this case the coordinate Bench of this Court has stayed the execution of the order for other co- accused.

In such circumstances, I am of the view that the same Bench should have heard this matter.

Office is directed to list the matter before the appropriate Bench on 05/08/2015.

(Jarat Kumar Jain) Judge bakshi CRA No.700/2012 03/08/2015 Shri Bhagwan Singh, learned counsel for the appellant No.2 Keru.

Shri Mukesh Kumawat, learned Panel Lawyer for the respondent/State.

Appellant No.2 Keru present in person. He is directed to mark his presence before the Registry today and on all other subsequent dates as may be fixed by the Registry in this behalf.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 03/08/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 127/2015 22/07/2015 Parties through their counsel. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 585/2015 22/07/2015 Parties through their counsel. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 395/2015 22/07/2015 Parties through their counsel. As prayed, list after four weeks.

(Jarat Kumar Jain) Judge bakshi MCRC No.6299/2015 22/07/2015 Parties through their counsel. Learned Government Advocate seeks time to verify the marriage certificate and Ossification Test report filed along with the application by the applicant.

List on 06/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No. 422/2013 22/07/2015 Shri Gaurav Verma, learned counsel for the appellant.

Shri Manoj Soni, learned counsel for the respondent. Learned counsel for the appellant submits that he has no instructions in this appeal and he has also returned the file to the appellant.

Registry is directed to send a letter to the concerning jail authority that the appellant be informed that Shri Gaurav Verma has pleaded no instructions.

Let the appeal be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi Cr.R. No.1358/2014 22/07/2015 Parties through their counsel. As prayed by the counsel for the applicant, let the matter be fixed on 19th of August, 2015.

(Jarat Kumar Jain) Judge bakshi CRR No.744/2015 22/07/2015 Shri Harshwardhan Pathak, learned counsel for the applicant.

Shri A.S.Sisodiya, learned Government Advocate for the non applicant/State.

Government Advocate further seeks two weeks time to file Probation Officer's report.

Prayer is accepted.

Let the matter be fixed for consideration on 04/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.R. No.798/2015 22/07/2015 Shri Kunal Dubey, learned counsel for the applicant. Shri A.S.Sisodiya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. No notice is necessary as Shri Sisodiya accepts notice on behalf of the respondent/State.

Also heard on IA No.4959/2015, an application for suspension of sentence.

The appellant has been convicted for the offence under Section 354 and 324 of the IPC and sentence to one year R.I. and fine of Rs.500/- and six months R.I. with fine of Rs.500/- with default clause.

Learned counsel for the appellant submits that during the trial the appellant was on bail and he has not mis-used the liberty. The disposal of the appeal will take time. In such circumstances, the jail sentence of the appellant be suspended till the pendency of this appeal and he be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the appellant has made out a case for suspension of jail sentence. Thus, the application (IA No.4959/2015) is allowed.

It is hereby directed that subject to the appellant having deposited the fine amount and furnishing a personal bond of Rs.25,000/-(Rs. Twenty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before this Court/Registry on 07/10/2015 and on such subsequent dates as may be fixed by the office, the appellant be released on bail and the jail sentence under this appeal shall remain suspended.

Record of the Courts below be requisitioned. Let the appeal be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.R. No. 860/2015 22/07/2015 Shri N.J.Dave, learned counsel for the applicant. Shri A.S.Sisodiya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The revision is admitted for final hearing. No notice is necessary as Shri Sisodiya accepts notice on behalf of the respondent/State.

Also heard on IA No.5243/2015, an application for suspension of sentence.

The applicant has been convicted for the offence under Section 498(A) of the IPC and sentence to one year R.I. and fine of Rs.300/- with default clause.

Learned counsel for the applicant submits that during the trial the applicant was on bail and he has not mis-used the liberty. The disposal of the revision will take time. In such circumstances, the jail sentence of the applicant be suspended till the pendency of this revision and he be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the applicant has made out a case for suspension of jail sentence. Thus, the application (IA No.5243/2015) is allowed.

It is hereby directed that subject to the applicant having deposited the fine amount and furnishing a personal bond of Rs.25,000/-(Rs. Twenty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before this Court/Registry on 07/10/2015 and on such subsequent dates as may be fixed by the office, the applicant be released on bail and the jail sentence under this revision shall remain suspended.

Record of the Courts below be requisitioned. Let the revision be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.R. No. 871/2015 22/07/2015 Shri R.R.Bhatnagar, learned counsel for the applicants.

Shri A.S.Sisodiya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The revision is admitted for final hearing. No notice is necessary as Shri Sisodiya accepts notice on behalf of the respondent/State.

Also heard on IA No.5276/2015, an application for suspension of sentence.

The applicants have been convicted for the offence under Sections 325/34 of the IPC and sentence to six month's R.I.. and fine of Rs.500/- each/- with default clause.

Learned counsel for the applicants submits that during the trial the applicants were on bail and they have not mis-used the liberty. The disposal of the revision will take time. In such circumstances, the jail sentence of the applicants be suspended till the pendency of this revision and they be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the applicants have made out a case for suspension of jail sentence. Thus, the application (IA No.5276/2015) is allowed.

It is directed that subject to the applicants having deposited the fine amount and furnishing personal bond of Rs.25,000/-(Rs. Twenty Five Thousand) each with one surety in the like amount to the satisfaction of the Trial Court for their appearance before this Court/Registry on 07/10/2015 and on such subsequent dates as may be fixed by the office, the applicants be released on bail and the jail sentence under this revision shall remain suspended.

Record of the Courts below be requisitioned. Let the revision be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.R. No. 874/2015 22/07/2015 Shri T.C.Jain, learned counsel for the applicants. Shri A.S.Sisodiya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The revision is admitted for final hearing. No notice is necessary as Shri Sisodiya accepts notice on behalf of the respondent/State.

Also heard on IA No.5283/2015, an application for suspension of sentence.

The applicants have been convicted for the offence under Sections 454 and 380 of the IPC and sentence to one year R.I. and fine of Rs.2,000/- and one year R.I. with fine of Rs.2,000/- with default clause.

Learned counsel for the applicants submits that during the trial the applicants were on bail and they have not mis-used the liberty. The applicants have already deposited the fine amount. The disposal of the revision will take time. In such circumstances, the jail sentence of the applicants be suspended till the pendency of this revision and they be released on bail.

Learned Government Advocate for the respondent/State has no objection in allowing the application.

After due consideration, I am of the view that the applicants have made out a case for suspension of jail sentence. Thus, the application (IA No.5283/2015) is allowed.

It is directed that on furnishing personal bond of Rs.25,000/-(Rs. Twenty Five Thousand) each with one surety in the like amount to the satisfaction of the Trial Court for their appearance before this Court/Registry on 07/10/2015 and on such subsequent dates as may be fixed by the office, the applicants be released on bail and the jail sentence under this revision shall remain suspended.

Record of the Courts below be requisitioned. Let the revision be fixed for final hearing in due course.

CC as per rules.

(Jarat Kumar Jain) Judge bakshi Cr.A No.892/2015 22/07/2015 Shri Gaurav Verma, learned counsel for the appellant.

Shri A.S.Sisodiya, learned Government for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. Trial Court record be requisitioned and immediately thereafter list the matter for orders on IA No.5110/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No.896/2015 22/07/2015 Shri Manoj Saxena, learned counsel for the appellant. Shri A.S.Sisodiya, learned Government Advocate for the respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing. No notice is necessary as Shri Sisodiya accepts notice on behalf of respondent/State.

Trial Court record be requisitioned and immediately thereafter list the matter for orders on IA No.5131/2015, an application for suspension of sentence.

(Jarat Kumar Jain) Judge bakshi Cr.A. No.728/2002 22/07/2015 Shri Rajesh Yadav, learned counsel for the appellants.

Shri Yogesh Mittal, learned Government Advocate for the respondent/State.

Heard on IA No.4305/2015, an application for condonation of absence of appellant No.2, Pawan.

Learned counsel for the appellants submits that the appellant could not mark his presence on 22/06/2015 as he was in jail since 28/03/2015 in connection with Crime No.61/2015.

Considering the reasons stated in the application, the application is allowed. Absence of appellant No.2, Pawan, is hereby condoned.

Registry is directed to issue production warrant of appellant No.2, Pawan, S/o Chunnilal, who is detained in Khargone jail. The Jail Authority is directed to produce the appellant before this Court on 20/08/2015.

List on 20/08/2015.

(Jarat Kumar Jain) Judge bakshi Cr.A. No.1128/2007 22/07/2015 None for the appellant.

Shri A.S.Sisodiya, learned Government Advocate for the respondent/State.

The case is listed for carrying out the correction as per order dated 26/06/2015. Again two weeks time is granted for carrying out the correction.

Let the matter be fixed after three weeks.

(Jarat Kumar Jain) Judge bakshi Cr.A. No.512/2011 22/07/2015 Smt. Poornima Kanoongo, learned counsel for the appellant.

Shri A.S.Sisodiya, learned Government Advocate for the respondent/State.

Learned counsel for the appellant submits that due to heavy rains the appellant is not present today. She submits that other date may be fixed for his appearance.

Prayer is accepted.

Appellant's counsel is directed to keep the appellant present on 30/07/2015.

Let the matter be fixed on 30/07/2015 for consideration of IA No.2025/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.1297/2011 22/07/2015 Shri A.S.Sisodiya, learned Government Advocate for the applicant/State.

Bailable warrants of non applicants returned unserved with a note that they have not been resided at the place shown in the warrant.

On furnishing correct address, fresh bailable warrant of Rs.10,000/- each be issued against the non applicants for their appearance before this Court on 14th of September, 2015.

List on 14th of September, 2015.

(Jarat Kumar Jain) Judge bakshi CRR No.709/2012 22/07/2015 Shri H. Tripathi, learned counsel for the applicant. Shri A.S.Sisodiya, learned Government Advocate for the non applicant/State.

Applicant Tejram present in person. Heard on IA No.2124/2015, an application for condonation of absence of the applicant.

Learned counsel for the applicant submits that the applicant could not mark his presence as his slip in which the date of appearance was mentioned, was mis-placed and thereafter he met with an accident, therefore, he could not mark his presence before the Registry on 29/09/2014. He further submits that the absence is bona fide, therefore, it be condoned.

After due consideration, the application is allowed. The applicant is directed to mark his presence before the Registry on 11/08/2015 and on subsequent dates as may be fixed in this behalf by the Registry.

Let the matter be fixed for final hearing in due course.

(Jarat Kumar Jain) Judge bakshi MCRC No.6349/2013 22/07/2015 Petitioner in person.

Shri M. Jain, learned counsel for the respondent No.1.

Shri Vaibhav Jain, learned counsel for the respondent No.2.

Today the case is fixed for consideration of IA No.9455/2015.

Petitioner submits that he does not want to press this application, thus, the application is dismissed as not pressed.

Counsel for the non applicants submit that the applicant is not giving his evidence before the trial Court on the ground that he has filed this petition.

Trial Court is hereby directed to proceed with the trial. The proceedings of trial Court has not been stayed by this Court.

A copy of the order be sent immediately to the trial Court.

Let the matter be fixed on 12/08/2015 (Jarat Kumar Jain) Judge bakshi CRA No. 583/2014 22/07/2015 Parties through their counsel. The case is fixed for personal appearance of respondents No.3, 5 and 6.

Learned counsel for the respondents submits that due to heavy rains the respondents could not present today.

It is directed that now the respondents be kept present on 06/08/2015.

(Jarat Kumar Jain) Judge bakshi CRA No.1018/2014 22/07/2015 None for the appellant.

Shri A.S.Sisodiya, learned Government Advocate for the respondent/State.

The case is listed for the presence of the appellant, but appellant's counsel is absent, in such circumstances non bailable warrant be issued against the appellant and also sent a notice to his surety as to why bail bond be not forfeited.

Let the matter be fixed on 10/09/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.1021/2014 22/07/2015 Shri Bhagwan Singh, learned counsel for the applicant.

Shri A.S.Sisodiya, learned Government Advocate for the non applicant/State.

Bailable warrant has not received served or unserved.

Issue fresh non bailable warrant against the applicant and also sent a notice to his surety as to why bail bond be not forfeited.

Let the matter be fixed on 10/09/2015.

(Jarat Kumar Jain) Judge bakshi CRR No.1466/2014 22/07/2015 Shri Vinay Puranik, learned counsel for the applicant. Shri Virendra Sharma, learned counsel for the non applicant.

Heard on IA No.9527/2014, an application under Section 5 of Limitation Act, for condonation of delay.

Learned counsel for the applicant submits that the applicant is an unemployed lady having no source of income, therefore, she could not manage to file the revision in time. The revision is delayed by 26 days. The delay is bonafide. The application is supported by an affidavit, therefore the delay be condoned.

Learned counsel for the non applicant vehemently opposes the prayer. He submits that she has deliberately caused the delay and she has not shown any bonafides therefore the application deserves to be dismissed.

After due consideration and considering the reasons stated in the application, I am of the considered opinion that the applicant has made out a case for condonation of delay. Thus, the application is allowed and consequently the delay in filing the revision is hereby condoned.

Let the record of the Courts below be requisitioned and thereafter list the matter for admission.

List on 26/08/2015.

(Jarat Kumar Jain) Judge bakshi ConC. No. 116/2013 15/04/2015 Shri Harish Joshi, learned counsel for the applicant. Shri Tarun Kushwaha, learned counsel for the non applicant.

Learned counsel for the applicant submits that the non applicant has not complied the order even after undertaking given in this Court.

Learned counsel for the non applicant submits that the non applicant has paid Rs.50,000/- on 27th of March, 2015 and Rs.3,75,200/- by cheque dated 04/04/2015.

Learned counsel for the non applicant further seeks three months time to pay remaining amount.

At this juncture learned counsel for the applicant vehemently opposes the prayer.

The prayer is accepted with the condition that the non applicant shall pay Rs.3,00,000/- on 05/05/2015 and remaining amount on 15/06/2015. In case non applicant fails to comply the order then the Commissioner, Municipal Corporation, Ratlam, shall remain present in person on 17/06/2016.

Let the matter be fixed on 17/06/2015.

(Jarat Kumar Jain) Judge bakshi SA No. 257/2013 15/04/2015 Shri Vismit Panot, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 29/04/2015.

(Jarat Kumar Jain) Judge bakshi MA No. 5341/2013 15/04/2015 Shri A. Choudhary, learned counsel for the appellant. None for respondent No.2, though served. Shri Raheem Khan, learned counsel for respondent No.3. Heard on IA No.1390/2015, an application under Order XLI Rule 14 of the Code of Civil Procedure.

Learned counsel for the appellant submits that respondent No.1 remained ex-parte before the Tribunal, therefore, service of notice of this appeal may be dispensed with on respondent No.1.

Learned counsel for respondent No.3 submits that respondent No.1 has filed written statement and subsequently he proceeded ex-parte before the Tribunal, therefore, the application deserves to be dismissed.

After due consideration, the application is allowed and the service of notice of this appeal on respondent No.1 is dispensed with at the risk of the appellant.

Learned counsel for the appellant submits that the appellant has paid the requisite court fee.

Office to verify and proceed.

(Jarat Kumar Jain) Judge bakshi MA No. 669/2013 15/04/2015 Shri JM Punegar, learned counsel for the appellant. On payment of PF within a week, issue notice to the respondents on IA No.2115/2014, an application for condonation of delay.

Let the matter be fixed on 19/06/2015.

(Jarat Kumar Jain) Judge bakshi MA No. 776/2013 15/04/2015 None for the appellant.

Shri RR Bhatnagar, learned counsel for the respondents No.1 to 5.

None for respondent No.6 though served. Learned counsel for the respondent submits that the appellant has not deposited the requisite amount, therefore, the appeal is not maintainable.

Today also counsel is not present, therefore, the case is adjourned.

Let the matter be fixed on the question of maintainability of appeal, on 30/04/2015.

(Jarat Kumar Jain) Judge bakshi MA No. 933/2013 15/04/2015 Shri Romil Malpani, learned counsel for the appellant.

None for the respondents No.2 and 3 though served. Notice of respondents No.1 and 2 not returned served or unserved.

Learned counsel for the appellant prays for time to file an application for dispensation of service of notice on respondents No.1 and 2.

Prayer is accepted.

Let the matter be fixed on 29/04/2015, for consideration of application for condonation of delay.

(Jarat Kumar Jain) Judge bakshi MA No. 1087/2013 15/04/2015 Shri None for the appellant. None for respondents No.1 and 2 though served. Shri A. Jaiswal, learned counsel for the respondent No.3.

Office to verify whether the appellant has paid requisite court fee, if so then the matter be listed for consideration of IA No.3310/2013, application for condonation of delay.

Let the matter be fixed on 06/05/2015.

(Jarat Kumar Jain) Judge bakshi FA No. 1145/2013 15/04/2015 Shri MK Jain, learned counsel for the appellant. Service report is awaited.

List the matter on 22/04/2015.

(Jarat Kumar Jain) Judge bakshi MA No. 1434/2013 15/04/2015 Shri Amit Singh Chouhan, learned counsel for the appellant.

Today the case is listed for consideration of IA No.9306/2014, an application under Section 149 of CPC. This application has already been allowed vide order dated 03/02/2015.

Learned counsel for the appellant further seeks time to pay deficit court fee.

Ten days' time is granted to pay the deficit court fee. Failing which, this appeal shall be dismissed without reference to the Court.

(Jarat Kumar Jain) Judge bakshi MA No. 1983/2013 15/04/2015 Shri Atul Jaiswal,, learned counsel for the appellant. Notices of respondents No.1 to 5 returned unserved. On payment of fresh PF within a week, issue notice to the respondents.

Let the matter be fixed on 25/06/2015.

(Jarat Kumar Jain) Judge bakshi CR No. 88/2014 15/04/2015 Shri BS Gandhi, learned counsel for the applicant. None for the non applicant.

The case is adjourned.

Let the matter be fixed for consideration of IA No.7354/2014, application for vacating stay, on 01/05/2015.

(Jarat Kumar Jain) Judge bakshi MCC No. 317/2014 15/04/2015 Shri VS Chouhan, learned counsel for the applicant. None for non applicant No.1 though served. Notice on non applicant No.2 not received served or unserved.

Service report awaited.

Let the matter be fixed on 30/04/2015.

(Jarat Kumar Jain) Judge bakshi MA No. 349/2014 15/04/2015 Shri I. Ahmad, learned counsel for the appellant. He prays one week's time to file an application for reducing the valuation of appeal.

Prayer is accepted.

Let the matter be fixed on 28/04/2015.

(Jarat Kumar Jain) Judge bakshi MCC No. 407/2014 15/04/2015 Shri SS Chouhan, learned counsel for the applicant. Notices sent to non applicants returned unserved. On payment of fresh PF within a week, issue notice to the non applicants.

Let the matter be fixed on 25/06/2015.

(Jarat Kumar Jain) Judge bakshi MA No. 440/2014 15/04/2015 Shri Jafar Qureshi, learned counsel for the appellant. None for the respondents No.2 and 3 though served. Notice of respondent No.1 returned unserved for want of correct address.

Heard on IA No.2996/2015, an application for susbstituted service on respondent No.1.

Learned counsel for the appellant submits that the service on respondent No.1 cannot be effected by ordinary mode, therefore, substituted service by way of affixture may be permitted.

After duce consideration, the application is allowed. On payment of PF within a week, issue notice to the respondent No.1 with a direction that if service by ordinary mode is not possible then it be effected by affixture.

Let the matter be fixed on 19/06/2015 for service report on respondent No.1.

(Jarat Kumar Jain) Judge bakshi MA No. 19/2014 15/04/2015 Shri Sunil Jain, learned senior counsel with Shri Manipriya Pandey, learned counsel for the petitioner.

Shri A.K.Sethi, learned senior counsel with Shri Harish Joshi, learned counsel for the respondent.

(Jarat Kumar Jain) Judge bakshi MCRC. NO.1518/2015 08/04/2015 Shri L.S.Chandiramani, learned counsel for the petitioner. Shri R.S.Chouhan, learned Government Advocate for the respondent/State..

(D.K.Paliwal) Judge bakshi MCRC. NO.7442/2014 08/04/2015 Shri Kamal Aeran, learned counsel for the petitioner. Shri Mukesh Kumawat, PL for the respondent/State. Learned counsel for the petitioner prays for two weeks time. Prayer is accepted.

List after two weeks.

(D.K.Paliwal) Judge bakshi MCRC No. 1518/2015 09/04/2015 Shri LS Chandiramani, learned counsel for the petitioner.

Shri R.S.Bais, learned Government Advocate for the respondent/State.

This is first application under Section 439 of Cr.P.C. for grant of bail by the petitioner, who is in custody in connection with Crime No.27/2014, registered at Police Station Kasravad District Khargone for offence punishable under Section 302, 307, 324, 323, 506/34, 294, 147, 148 and 149 of IPC.

According to prosecution on 17/08/2014, petitioner and co-accused assaulted Parubai and cause head injury.

Learned counsel submits that co-accused persona have been released on bail by this Court and present petitioner is in custody since more than six months and all material witnesses have been examined.

Learned counsel for the State opposed the prayer made by learned counsel for the petitioner submitting that the petitioner is responsible for causing head injury to the deceased.

Considering the material available on record and in view of the fact that the petitioner is sole accused who is responsible for causing injury on vital part. No case is made out to release the petitioner on bail.

The petition is dismissed.

(T.K.Kaushal) Judge bakshi MCRC No. 2413/2015 09/04/2015 Shri G. Verma, learned counsel for the petitioner. Shri R.S.Bais, learned Government Advocate for the respondent/State.

Heard.

This is an application filed under Section 438 of Cr.P.C. seeking anticipatory bail in connection with Crime No.44/2015 registered by Police Station Petlawad District Jhabua for the offence punishable under Section 34(2) 36 and 46 of M.P. Excise Act.

According to prosecution case on 09/02/2015 police Petlawad arrested three persons with 216 liters of liquor.

Learned counsel submits that the petitioner has been implicated on the basis of information furnished by co accused persons. He was not present in the seen of occurrence. He has no link and relation with the liquor in question.

Learned counsel for the State opposed the prayer made by the petitioner stating that sufficient evidence is available to show the involvement of the petitioner with the liquor.

In response learned counsel for the petitioner submits that he is a regular shop keeper in Village Sarangi and he has been implicated on the basis of information furnished by co- accused persons that too without any independent evidence.

Considering overall facts and totality of the circumstances, the application is allowed and direct that the petitioner shall join the investigation/trial immediately and in the event of arrest of the petitioner in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the conditions No.1 to 3 of Sub section (2) of Section 438 Cr.P.C.

C.C.on payment of usual charges.

(T.K.Kaushal) Judge bakshi Election Petition No. 19/2014 01/04/2015 Shri Sunil Jain, learned senior counsel with Shri Manipriya Pandey, learned counsel for the petitioner.

Shri A.K.Sethi, learned senior counsel with Shri Harish Joshi, learned counsel for the respondent.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 2763/2015 09/04/2015 Shri Mukesh Sinjoniya, learned counsel for the petitioner.

Shri R.S.Chouhan, learned Government Advocate for the respondent/State.

This is first application under Section 439 of Cr.P.C. for grant of of bail has been filed by the petitioner. He is implicated in Crime No.725/2015 registered at Excise Department Bambai Bazar Circle, Indore, for offence punishable under Section 34(2) of M.P. Excise Act.

Officials of Excise Department seized 90 bulk liters of country made liquor from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is in custody since 10/03/2015. Conclusion of trial is likely to take time. However, prays for grant of bail to the petitiner.

Learned counsel for the state opposed the prayer made by the petitioner stating that sufficient evidence is available to show the involvement of the petitioner in the matter.

Considering the aforesaid, in the opinion of this Court, it is a fit case for grant of bail.

Accordingly, it is directed that the petitioner shall be released on bail subject to his furnishing personal bond in the sum of Rs.30,000/-(Rs. Thirty thousand only) with one surety in the like amount to the satisfaction of the concerned JMFC/CJM for his appearance before him or trial Court on all dates of hearing as may be fixed in this behalf by the Court concerning during trial.

CC as per rules.

(T.K.Kaushal) Judge bakshi MCRC NO. 2766/2015 09/04/2015 Shri Himanshu Joshi, learned counsel for the petitioner.

Shri R.S.Chouhan, learned Government Advocate for the respondent/State.

This is the first application filed under Section 439 of Cr.P.C. for grant of bail by the petitioner, who is in custody in connection with Crime No.1/2015 registered by Police Station Malawar District Rajgarh for offence punishable under Section 379 of I.P.C..

The petitioner has been arrested in this case on 13/02/2015 for having possession of stolen bike.

Learned counsel submits that the petitioner is in custody since last about more than one and half months. The offence is triable by JMFC. Hence prayed for bail.

Learned Government Advocate opposed the prayer made by the petitioner stating that petitioner is habitual offender and the case of Mobile Phone and electric motor are also pending against him.

In response learned counsel submits that all the cases have been prepared in one row and in none of the cases the petitioner has been convicted.

Considering the facts and circumstances of the case, and the arguments advanced by the counsel for the petitioner, without expressing any opinion on merits of the case, it is a fit case to enlarge the petitioner on bail.

Accordingly, this petition is hereby allowed and the petitioner is directed to be released on bail on his furnishing personal bond for a sum of Rs.50,000/-( Rupees fifty thousand only) with two sureties in the amount of Rs.25,000/- each to the satisfaction of the JMFC/CJM for his appearance before the concerned trial Court and on all dates of hearing as may be fixed in this regard during the pendency of trial. It is also directed that the petitioner shall abide by all the conditions as enumerated under Section 437(3) of Cr.P.C..

CC as per rules.

(T.K.Kaushal) Judge bakshi MCRC NO. 2769/2015 09/04/2015 Shri R.S.Parmar, learned counsel for the petitioner. Shri R.S.Chouhan, learned Government Advocate for the respondent/State.

Heard.

This is the first application filed under Section 439 of Cr.P.C. for grant of bail by the petitioner, who is in custody in connection with Crime No.34/2015 registered by Police Station Malawar District Rajgarh for offence punishable under Section 376 and 457 of the IPC.

According to prosecution on 24/02/2015, petitioner entered in the house of the prosecutrix aged 30 years, a married lay having children and her husband was not present in the house.

Learned Government Advocate submits that sufficient evidence is available to show that intercourse has been committed by force by the petitioner because FIR is prompt in this case.

In response learned counsel submits that it has come on record that children were present in the house and shouted and brother in law of the prosecutrix also came in the room.

Accordingly, this petition is hereby allowed and the petitioner is directed to be released on bail on his furnishing personal bond for a sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the JMFC/CJM for his appearance before the concerned trial Court and on all dates of hearing as may be fixed in this regard during the pendency of trial. It is also directed that the petitioner shall abide by all the conditions as enumerated under Section 437(3) of Cr.P.C..

CC as per rules.

(T.K.Kaushal) Judge bakshi MCRC NO. 2772/2015 09/04/2015 Shri Bhaskar Agrawal, learned counsel for the petitioner.

Shri R.S.Chouhan, learned Government Advocate for the respondent/State.

Case diary is awaited.

List in the next week.

(T.K.Kaushal) Judge bakshi CRR NO. 767/2013 09/04/2015 Shri K.K.Tiwari, learned counsel for the petitioner. Heard on IA No.2340/2015, which is repeat application for suspension of sentence.

The petitioner has been convicted under Section 31 of Protection of Women from Domestic Violence Act, 2005 and sentenced to six months S.I. with fine Execution of jail sentence was suspended on 25/07/2013, but petitioner has been taken into custody again on 30/03/2015, because he failed to make appearance in the Registry.

Learned counsel for the petitioner submits that petitioner is in custody for about 10 days and he undertakes to remain vigilant, sincere and punctual for periodical appearances.

Considering the fact and circumstances of this case, this is a fit case for suspension of jail sentence of the petitioner. Accordingly, IA No.2340/2015, is allowed and it stands closed. The custodial sentence awarded to the petitioner shall remain suspended during pendency of this revision. Petitioner shall be released from custody subject to furnishing a personal bond to the tune of Rs.30,000/- (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 15/09/2015 and on all other subsequent dates as may be fixed by the Registry in this behalf.

CC as per rules.

(T.K.Kaushal) Judge bakshi CRA NO.299/2015 09/04/2015 Shri Vivek Singh, learned counsel for the appellant. Shri RS Chouhan, learned Government Advocate for the respondent/State.

As prayed, list in the next week.

(T.K.Kaushal) Judge bakshi CRR NO. 394/2015 09/04/2015 Shri Neelesh Dave, learned counsel for the petitioner. Heard on IA No.2453/2015, application for condonation of delay.

Against the judgment dated 22/07/2014 passed by Additional Sessions Judge, Susner, in Cr.A. No.262/2013, this revision has been filed on 30/03/2015 (with a delay of 159 days).

Cause of delay is shown to be communication gap between counsel and the party and petitioner could know about the judgment only after receiving the notice and after his arrest.

Considering that the petitioner is in custody since about more than one month and has challenged the conviction and jail sentence of , the application is allowed and delay is condoned.

IA No.2453/2015 is allowed and closed. Heard on admission.

Admit.

Issue notice to the respondent on payment of PF within a week by registered as well as ordinary mode.

In the meanwhile, record be called. List for suspension of sentence, in the next week.

(T.K.Kaushal) Judge bakshi CRR NO. 407/2015 09/04/2015 None for the petitioner.

Let default be removed within two weeks.

(T.K.Kaushal) Judge bakshi CRR NO. 413/2015 09/04/2015 Shri S. Abhyankar, learned counsel for the petitioner. Shri R.S.Chouhan, learned Government Advocate for the respondent/State.

Let complete set of order sheet from the date of statement of accused till date may be brought to the notice of this Court.

As prayed, list in the next week.

(T.K.Kaushal) Judge bakshi CR.A. NO. 487/2015 09/04/2015 Shri M.S.Chandel, learned counsel for the appellant. Shri R.S.Chouhan, learned Government Advocate for the respondent/State.

Heard on admission.

Admit.

List in the next week.

(T.K.Kaushal) Judge bakshi MCRC NO. 27//2015 09/04/2015 Shri Rajesh Chouhan, learned counsel for the petitioner.

Shri S.D.Bohra, learned Government Advocate for the respondent/State.

List this petition along with MCRC No.625/2015.

(T.K.Kaushal) Judge bakshi CR NO.206/2014 01/04/2015 Shri SL Gwaliory, learned counsel for the applicant. Shri LL Sharma, learned Government Advocate for the respondent No.4.

Learned counsel for the applicant seeks time to argue the matter.

Let the matter be fixed on 06/05/2015.

(Jarat Kumar Jain) Judge bakshi SA NO. 423/2013 01/04/2015 Shri SD Lalwani, learned counsel for the appellant. Shri Yashpal Rathore, learned counsel for the respondents.

Learned counsel for the appellant submits that appeal has already been admitted on 05/11/2014. He seeks time to argue on IA No.6392/2013.

Prayer is accepted.

Interim order to continue till the next date of hearing. Let the matter be fixed for consideration of IA No.6392/2013, on 22/04/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 955/2014 01/04/2015 Shri Ravindra Singh Chhabra, learned counsel for the appellant.

Shri Ranjeet Sen, learned counsel for the respondents.

With the consent of the parties, heard finally. Reserved for orders.

(Jarat Kumar Jain) Judge bakshi MA NO.1026/2014 01/04/2015 Shri A. Jaiswal, learned counsel for the appellant. As per office report, PF has been paid but notice could not be issued.

Office is directed to issue notice positively on PF which has already been paid.

Let the matter be fixed on 18/06/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 1119/2014 01/04/2015 Shri Romil Malpani, learned counsel for the appellant.

None for respondents No.1 and 3, though served. Notice of respondent No.2 returned unserved for want of incomplete address.

On payment of fresh PF within a week with complete address, issue notice to respondent No.2.

Let the matter be fixed on 18/06/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 1277/2014 01/04/2015 Shri Romil Malpani, learned counsel for the appellant.

On payment of PF within a week, issue notice to the respondents.

Let the matter be fixed on 18/06/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 1754/2014 01/04/2015 None for the appellant.

None for the respondent No.3, though served. Notice of respondent No.1 returned unserved for want of correct address whereas notice of respondent No.2 not received served or unserved.

On payment of fresh PF within a week with correct address, issue notice to respondents No.1 and 2.

Let the matter be fixed on 18/06/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 27//2015 01/04/2015 Shri Rajesh Chouhan, learned counsel for the petitioner.

Shri S.D.Bohra, learned Government Advocate for the respondent/State.

List this petition along with MCRC No.625/2015.

(Jarat Kumar Jain) Judge bakshi MA NO.2428 /2014 31/03/2015 Shri Manish Jain, learned counsel for the appellant. Service report is awaited.

Let the matter be fixed on 16/04/2015.

(Jarat Kumar Jain) Judge bakshi MA NO.2493/2014 31/03/2015 Shri Hemant Vaishnav, learned counsel for the appellant.

None for the respondent No.3, though served. Notice of respondents No.1 and 2 returned unserved for want of correct address.

Learned counsel for the appellant prays time to file an appropriate application for substituted service on respondents No.1 and 2.

Prayer is accepted.

Let the matter be fixed on 16/04/2015.

(Jarat Kumar Jain) Judge bakshi FA NO.234/2015 31/03/2015 Shri RB Singh, learned counsel for the appellant. Shri LL Sharma, learned Government Advocate for the respondent.

Shri RB Singh, learned counsel for the appellant prays time to file an appropriate application.

Prayer is accepted.

Let the matter be fixed on 01/05/2015.

(Jarat Kumar Jain) Judge bakshi MA NO.647/2015 31/03/2015 Shri Tej Kumar Khichi, learned counsel for the appellant.

On payment of PF within a week, issued notice to the respondents on IA No. 2665/2015, an application for condonation of delay.

Let the matter be fixed on 16/06/2015.

(Jarat Kumar Jain) Judge bakshi SA NO.553 /2001 31/03/2015 Shri Rakesh Yadav, learned counsel for the appellant. None for the respondent, though served. Learned counsel for the appellant has pointed out that counsel for the respondent comes from Ujjain, therefore, the case may be listed on any Wednesday.

Prayer is accepted.

Office is directed to list the matter along with the record on 08/04/2015.

(Jarat Kumar Jain) Judge bakshi MA NO.2352 /2011 31/03/2015 Shri Nilesh Joshi learned counsel for the appellant. He submits that he has filed an application on 14/08/2014 for substituted service on respondent No.1 through his local counsel, but the same is not on record.

Office is directed to place the same on record. List the matter for consideration of application on 17/04/2015.

(Jarat Kumar Jain) Judge bakshi MA NO.141/2013 31/03/2015 Shri Akash Rathi, learned counsel for the appellant. Learned counsel for the appellant prays for withdrawal of this appeal with liberty to file a fresh appeal after paying the requisite court fee.

Prayer is accepted.

The appeal is dismissed with the aforesaid liberty.

(Jarat Kumar Jain) Judge bakshi MA NO.1757 /2014 31/03/2015 Shri A. Gupta, learned counsel for the appellant. Shri Anil Goel, learned counsel for the respondent No.3.

Service report of respondent No.1 and 2 is awaited. Let the matter be fixed on 15/04/2015.

(Jarat Kumar Jain) Judge bakshi MA NO.2355/2014 31/03/2015 Shri BS Patel, learned counsel for the appellant. None for the respondents No.1 and 2, though served. On payment of fresh PF within a week, issue notice to the respondent No.3.

Let the matter be fixed on 18/06/2015.

(Jarat Kumar Jain) Judge bakshi SA NO.449/2013 31/03/2015 Shri Himanshu Joshi, learned counsel for the appellant.

Shri R. Tiwari, learned counsel for the respondents. Learned counsel for the respondent prays time for arguing the appeal.

Prayer is accepted.

Appellant's counsel is directed to supply copy of memo of appeal and application(IA No.6549/2013) to the respondent's counsel.

Let the matter be fixed for admission on IA No.6549/2013, on 21/04/2015.

(Jarat Kumar Jain) Judge bakshi SA NO.163/2014 31/03/2015 Shri Vaibhav Jain, learned counsel for the appellant. Shri Ravi Shukla, learned counsel for the respondents.

Learned counsel for the appellant seeks time to argue the matter.

Prayer is accepted.

Let the matter be fixed on 15/04/2015.

(Jarat Kumar Jain) Judge bakshi SA NO.392 /2014 31/03/2015 Shri Vibhash Khedkar, learned counsel for the appellant.

Shri LL Sharma, learned Government Advocate for the respondent No.3/State.

Learned counsel for the appellant seeks time to argue the matter.

Let the matter be fixed for admission on 15/04/2015.



                                    (Jarat Kumar Jain)
                                        Judge
bakshi
                         CR NO.      /2015

31/03/2015

Shri S. Mukati, learned counsel for the applicant. Shri LL Sharma, learned Government Advocate for the respondent/State.

Learned Government Advocate seeks time to argue the matter.

With the consent of the parties, let the case be listed on 21/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 27//2015 31/03/2015 Shri Rajesh Chouhan, learned counsel for the petitioner.

Shri S.D.Bohra, learned Government Advocate for the respondent/State.

List this petition along with MCRC No.625/2015.

(Jarat Kumar Jain) Judge bakshi matter.

Prayer is accepted.

With the consent of the parties, let the case be listed on 21/04/2015.

(Jarat Kumar Jain) Judge bakshi SA NO. 474/2014 31/03/2015 Shri DD Vayas, learned senior counsel with Shri A. Vyas, learned counsel for the appellant.

Shri LL Sharma, learned Government Advocate for the respondent No.5/State.

None for the other respondents. Learned counsel for the appellant seeks time to argue on admission.

Prayer is accepted.

Let the matter be fixed on 21/04/2015.

(Jarat Kumar Jain) Judge bakshi ConC NO.950/2014 31/03/2015 Ms. Riya Ansari, appears on behalf of Shri Kamlesh Mandloi, learned counsel for the applicant.

As per office report, PF has been paid, but notice could not have issued.

Office is directed to issue notice positively on payment of PF which has already been paid.

Let the matter be fixed on 12/05/2014.

(Jarat Kumar Jain) Judge bakshi MA NO.1571/2014 31/03/2015 Shri Subodh Choudhary, learned counsel for the appellant.

Shri SC Dandwate, learned counsel for the respondent No.3.

Heard on the question of admission. The appeal is admitted for final hearing. Trial Court's record be requisitioned. On payment of PF within a week, issue notice to the respondents.

Let the matter be fixed on 18/06/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 1720/2014 31/03/2015 Shri PR Bhatnagar, learned counsel for the appellant. He submits that he has already paid requisite court fee.

Heard on the question of admission. The appeal is admitted for final hearing. Trial Court's record be requisitioned. On payment of PF within a week, issue notice to the respondents.

Let the matter be fixed on 18/06/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 2020/2014 31/03/2015 Shri Himanshu Joshi, learned counsel for the appellant.

Ms. Salma Sultan, learned counsel for the respondent No.1.

Shri LL Sharma, learned Government Advocate for the respondent No.2/State.

With the consent of the parties, the case be listed for final hearing at motion stage on 13/04/2015.

(Jarat Kumar Jain) Judge bakshi MA NO.2452/2014 31/03/2015 Shri V.S.Chouhan, learned counsel for the appellant. Heard on the question of admission. The appeal is admitted for final hearing. Trial Court's record be requisitioned. On payment of process fee within a week, issued notice to the respondents.

Let the matter be fixed on 19/06/2015.

(Jarat Kumar Jain) Judge bakshi RP NO. 33/2015 31/03/2015 None for the applicant.

Shri LL Sharma, learned Government Advocate for the respondent No.11/State.

Let the matter be fixed on 28/04/2015.

(Jarat Kumar Jain) Judge bakshi SA NO. 94/2015 31/03/2015 Smt. Ritu Bhargav, learned counsel for the appellant. Heard on IA No.1855/2015, an application for amendment of memorandum of appeal.

Learned counsel for the appellant submits that she wants to add some more grounds in memo of appeal.

After due consideration, the application is allowed. Appellant's counsel is directed to carry out the amendment in the memo of appeal within a week.

Office is directed to call the records of the Courts below positively and list the matter for admission along with the records.

Let the matter be fixed on 28/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 27//2015 26/03/2015 Shri Rajesh Chouhan, learned counsel for the petitioner.

Shri S.D.Bohra, learned Government Advocate for the respondent/State.

List this petition along with MCRC No.625/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 1477/2014 26/03/2015 None for the appellant.

The case is adjourned.

Let the matter be fixed on 01/05/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 77/2015 26/03/2015 Shri C.P.Purohit, learned counsel for the appellant. On payment of PF within a week issue notice to the respondents on IA No.127/2015, which is an application under Section 5 of Limitation Act.

Let the matter be fixed on 16/06/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 9358/2014 26/03/2015 Shri S. Pandey, learned counsel for the applicant. Shri L.L.Sharma, learned Government Advocate for the respondent/State.

On payment of PF within a week issue notice to the respondent No.2.

Let the matter be fixed on 28/04/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 2463/2006 26/03/2015 Shri V.P.Khare, learned counsel for the appellant. Heard on the question of admission. The appeal is admitted for final hearing. Trial Court's record be requisitioned. On payment of PF within a week notice be issued to the respondents.

Let the matter be fixed on 07/05/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 1811/2009 26/03/2015 Shri Nitesh Patidar, learned counsel appears on behalf of Shri Vikas Rathi, learned counsel for the appellant.

Shri Z.A.Qureshi, learned counsel for the respondent No.2.

As per office report, PF has been paid, but notice could not be issued. Office is directed to issue notice to the respondent No.1. on payment of PF which has already been paid.

In the meanwhile, trial Court's record be requisitioned.

Let the matter be fixed on 11/05/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 27//2015 26/03/2015 Shri Rajesh Chouhan, learned counsel for the petitioner.

Shri S.D.Bohra, learned Government Advocate for the respondent/State.

List this petition along with MCRC No.625/2015.

(Jarat Kumar Jain) Judge bakshi SA NO. 235/2011 26/03/2015 Shri G.P.Singh, learned counsel for the appellant. The names of respondents No.2 and 3 has already been deleted.

None for respondents No.1,5,6,7 and 8, though served.

Shri Shailendra Dixit, learned counsel for the respondent No.4.

Learned counsel for respondent No.4 pleads no instructions.

SPC be issued to the respondent No.4. Let the matter be fixed for admission on 15/04/2015.

(Jarat Kumar Jain) Judge bakshi SA NO.259/2011 26/03/2015 Shri Shailendra Dixit, learned counsel for the appellant.

Shri G.P.Singh, learned counsel undertakes to file Vakalatnama on behalf of respondents No.1 and 2.

Prayer is allowed.

Counsel for the appellant is directed to send a registered letter to the appellant and thereafter file copy thereof within a period of 15 days.

Let the matter be fixed on 15/04/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 1605/2011 26/03/2015 Shri N.K.Khokar, learned counsel for the appellant. None for respondents No.1 and 1-a, though served. Shri Raheem Khan, learned counsel for the respondent No.2.

Shri Mayank Upahayay, learned counsel for the respondent No.4.

On payment of PF within a week, issue notice to the respondent No.3, Mohd. Juber.

Let the matter be fixed on 07/05/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 381/2014 26/03/2015 Shri Mayank Upadhayay, learned counsel for the appellant.

Shri S.Jain, learned counsel for the respondent No.3. None for respondent No.4, though served. Service report of respondents No.1 and 2 is awaited. On payment of P.F. within a week, issue notice to the respondents No.1 and 2.

Let the matter be fixed on 13/05/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 379/2014 26/03/2015 Shri Mayank Upadhayay, learned counsel for the appellant.

None for the respondents, though served. Heard on IA No.1594/2014, which is an application for exemption from filing certified copy of the impugned order.

Learned counsel for the appellant submits that he has filed certified copy in connected appeals therefore he may be exempted from filing certified copy of the impugned order.

After due consideration, the application is allowed. Let the matter be fixed for admission and consideration of IA No.1593/2014, on 13/05/2015.

(Jarat Kumar Jain) Judge bakshi MA NO. 783/2014 26/03/2015 Shri Mayank Upadhayay, learned counsel for the appellant.

Learned counsel for the appellant submits that he has already cured the defect as pointed out by the Office.

On payment of P.F., within a week issue notice to the respondents on IA No.3589/2014 and 3667/2014, an application for condonation of delay and exemption.

Let the matter be fixed on 13/05/2015.

(Jarat Kumar Jain) Judge bakshi C.R. NO.141/2013 26/03/2015 Shri R. Sharma, learned counsel for the applicant. Service report is awaited.

Let the matter be fixed on 10/04/2015.

(Jarat Kumar Jain) Judge bakshi CRR NO. 275/2015 09/03/2015 Shri K.P.Gangare, learned counsel for the applicant. Trial Court's record be requisitioned and thereafter list the matter for admission on 07/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 483/2015 09/03/2015 None for the applicant.

The case is adjourned.

List on 25/03/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1126/2015 09/03/2015 Shri S. Jain, learned counsel for the applicant. Service report is awaited.

Let the matter be fixed on 15/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1217/2015 09/03/2015 Shri G.S.Chouhan, learned counsel for the applicant. Trial Court's record be requisitioned. Let the matter be fixed for admission on 30/03/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1296/2015 09/03/2015 Shri Santosh Khoware, learned counsel for the applicant.

Shri R.S.Chouhan, learned Government Advocate for the non applicant/State.

Heard on the question of admission. The petition is admitted for final hearing. No notice is necessary as Government Advocate accepts notice on behalf of the respondent.

Trial Court's record be requisitioned. Meanwhile, Government Advocate is directed to apprise the Court whether any appeal against the order of acquittal has been filed before this Court.

Let the matter be fixed on 15/04/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1639/2015 09/03/2015 Ms. Sonali Gupta, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Heard with the aid of case diary. This is first application under Section 439 of the Code of Criminal Procedure. The accused/applicant is in custody in connection with Crime No.912/2013, registered at Police Station Aerodrome District Indore, for the offence punishable under Sections 363, 366 and 376 of the IPC.

Learned counsel for the applicant submits that the applicant is brother in law of the prosecutrix. He is permanent resident of Dhar. During the trial prosecutrix and her sister Pramita have been examined and they have not supported the prosecution case and turned hostile. Dr. Pushplata Ajad examined the prosecutrix, but she has not found any injury on the person of the prosecutrix. The trial will take considerable time to conclude. In such circumstances, the applicant may be released on bail.

Learned Government Advocate for the non applicant/ State opposes the prayer.

After due consideration, I am of the view that this is a fit case for granting the bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

Certified copy as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1812/2015 09/03/2015 Shri N.S.Karada,. learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Heard with the aid of case diary. This is first application under Section 439 of the Code of Criminal Procedure. The accused/applicant is in custody in connection with Crime No.1351/2014, registered at Police Station Kotwali District Dewas, for the offence punishable under Sections 302, 323 and 147 of the IPC.

Learned counsel for the applicant submits that the applicant is a young boy, aged about 18 years. He has no criminal antecedents and he is detained in jail since 12/10/2014. The name of the applicant does not find place in the FIR. There is no motive of the crime. The injuries found on the person of the deceased are simple in nature. There is no identification parade during the investigation. The applicant has been arrested after 12 days of the incident. There is no legal evidence to connect the applicant with the crime. The trial will take considerable time to conclude. In such circumstances, the applicant may be released on bail.

Learned Government Advocate for the non applicant/ State opposes the prayer.

Certified copy as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1868/2015 09/03/2015 Shri Ashish Gupta, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Heard with the aid of case diary. This is first application under Section 439 of the Code of Criminal Procedure. The accused/applicant is in custody in connection with Crime No.12/2015, registered at Police Station Ambuja District Alirajpur, for the offence punishable under Sections 34(2) and 36 of M.P.Excise Act.

Learned counsel for the applicant submits that the applicant is labourer and permanent resident of Alirajpur. He has no criminal antecedent. He has been falsely implicated in the case.

The trial will take considerable time to conclude. In such circumstances, the applicant may be released on bail.

Learned Government Advocate for the non applicant/ State opposes the prayer.

Certified copy as per rules.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1631/2015 09/03/2015 Shri Vikas Rathi, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Shri Rawal seeks time to produce the case diary. Prayer is accepted.

Let the matter be fixed on 16/03/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1705/2015 09/03/2015 Shri Nilesh Agrawal, learned counsel for the applicant.

Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

After arguing for some time, learned counsel for the applicant seeks permission to withdraw the petition with liberty that he will file fresh application for bail after recording evidence of the prosecutrix.

The prayer is accepted.

The petition is dismissed as withdrawn with the aforesaid liberty.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1762/2015 09/03/2015 Shri R.K.Swarnkar appears on behalf of Shri P. Soni, learned counsel for the applicant.

Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Case diary is available.

Learned counsel for the applicant seeks one week's time to argue the matter.

Prayer is accepted.

Let the matter be fixed on 18/03/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1789/2015 09/03/2015 Shri M.K.Sharma, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Shri Sharma, seeks two weeks time to know the position of witnesses.

Prayer is accepted.

Let the matter be fixed on 23/03/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1805/2015 09/03/2015 Shri Jitendra Bajpai, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Shri Rawal seeks time for producing the case diary. Prayer is accepted.

Let the matter be fixed on 17/03/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1836/2015 09/03/2015 Shri Gaurav Verma, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Learned counsel for the applicant seeks one week's time to argue the matter.

Prayer is accepted.

Let the matter be fixed on 17/03/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1846/2015 09/03/2015 Shri B.S.Rathore, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Learned counsel for the applicant seeks permission to withdraw the petition.

The petition is dismissed as withdrawn.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1864/2015 09/03/2015 Shri Tarun Kushwaha, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Let the petition be fixed along with MCRC No.1894/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1874/2015 09/03/2015 Shri Jitendra Singh, learned counsel for the applicant. Shri Deepak Rawal, learned Government Advocate for the non applicant/State.

Learned counsel for the applicant seeks adjournment. Prayer is accepted.

Let the matter be fixed on 18/03/2015.

(Jarat Kumar Jain) Judge bakshi MCRC NO. 1883/2015 09/03/2015 Shri Asif Warsi, learned counsel for the applicant seeks ten days time to file documents.

Prayer is accepted.

Let the matter be fixed on 23/03/2015.

(Jarat Kumar Jain) Judge bakshi

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Madhya Pradesh High Court

Lakhan vs The State Of Madhya Pradesh on 13 August, 2015