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[Cites 4, Cited by 4]

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Dule Singh on 27 November, 2015

                   M.Cr.C. No.10533/2015
27.11.2015

      Shri Deepak Rawal, learned Dy. A. G. for the applicant
- State.
      Heard on the question of admission.
      This application for grant of leave to appeal under
Section 378(3) of Cr.P.C., 1973 has been filed against the
judgement of acquittal dated 08.07.2015 passed in S. T.
No.246/2011 by the Additional Session Judge, Susner, District
Shajapur whereby the learned Trial Court acquitted the non-
applicants for an offence punishable under Sections 148, 302
r/w 149 and 323 of the IPC.
      On due consideration of the statement of eye-witnesses
and injured, which has been      considered in Para-8 of the
impugned judgement, we are of the considered view that this
is a fit case in which permission for grant of leave to appeal
can be allowed.      Accordingly, application filed by the
applicant under Section 378(3) of Cr.P.C. is allowed and
permission for grant of leave to appeal is granted, meaning
thereby, the matter has to be admitted for final hearing.
      Appeal filed as a consequence of this order be registered
and proceeded as per rules, as admitted.
      On payment of requisite process fee, office is directed to
 issue bailable warrant of Rs.20,000/- each against each of the
respondent. They are also directed to furnish a bail bond in

the sum of Rs.20,000/- each with one surety each in the like amount to the satisfaction of the CJM/Trial Court for their appearance before the Registry/Office of this Court on 08.02.2016 and on all other subsequent dates as may be fixed by the office in this behalf.

Record of the Trial Court be called for. With the aforesaid, M.Cr.C. No.10533/2015 is allowed and is accordingly, disposed of.

Certified copy, as per rules.



      (P. K. Jaiswal)                   (Subhash Kakade)
          Judge                              Judge
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