Madhya Pradesh High Court
Shailesh Shende vs The State Of Madhya Pradesh on 8 April, 2015
M.Cr.C. No.5226/2015
08.04.2015
Shri Vipul Vardhan Jain, learned counsel for the
applicant/accused.
Shri Pradeep Gupta, learned Panel Lawyer for the
respondent/State.
Case dairy is available.
As prayed by the learned counsel for the applicant/accused, list after four weeks.
(M.K.Mudgal ) Judge Vkt/ M.Cr.C. No.5207/2015 08.04.2015 Shri Sandesh Dixit, learned counsel for the applicant/accused.
Shri Pradeep Gupta, learned Panel Lawyer for the respondent/State.
Case dairy is available. Still investigation is incomplete.
This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.78/2015, Police Station Civil Lines, District Jabalpur for the offences registered under Section 366, 376-D r/w 511of the IPC.
In the course of argument, learned counsel for the applicant/accused seeks permission to withdraw this application with a liberty to the applicant/accused to file again bail application after filing of the charge-sheet.
The prayer is accepted.
The petition is dismissed as withdrawn with the liberty as stated earlier.
(M.K.Mudgal ) Judge Vkt/ M.Cr.C. No.5181/2015 08.04.2015 Shri Madan Singh, learned counsel for the applicant/accused.
Shri Pradeep Gupta, learned Panel Lawyer for the respondent/State.
Case diary is available. After investigation charge sheet has already been filed.
This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.17/2015 registered at Police Station Bhagva, Distt. Chhatarpur for the offences registered under Sections 307, 147, 148, 149, 294, 327, 323 & 506 of IPC.
Learned counsel for the applicant/accused submits that the applicant-accused has been falsely implicated in this case as the name of the applicant/accused has not been mentioned in the FIR. Apart from this, as per the statements of the injured Ghansu Yadav, Jagdish Yadav, Ram Milan, Rajendra Prasad and TI Sisodiya, no injury has been caused by the applicant/accused to anyone of them though he was present on the spot among the other co-accused persons and vague allegations have been made against him. On the aforesaid ground, learned counsel has prayed for grant of bail.
Learned Panel Lawyer opposing the submissions made on behalf of the applicant/accused has prayed for rejection of bail application.
In the similar allegations other co-accused persons have been granted bail by this Court vide order dated 11.03.2015 passed in M.Cr.C. No.3359/2015 and order dated 26.03.2015 passed in M.Cr.C. No.4475/2015.
Considering the aforesaid fact and circumstances of the case, this Court deems it a fit case to grant bail to the applicant, therefore, allowing the application, it is ordered that the applicant/accused be released on bail on his furnishing a bond for the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with one surety bond for the like amount to the satisfaction of the trial Court for his appearance before the trial/committal Court on the dates given by the concerned Court.
Certified copy as per rules.
(M.K.Mudgal ) Judge Vkt/ M.Cr.C. No.4963/2015 08.04.2015 Km. Manish, learned counsel for the applicant/accused. Shri Pramod Chaurasiya, learned Panel Lawyer for the respondent/State.
This is the second bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.341/2014 registered at Police Station Jahangirabad, District Bhopal for the offence registered under Section 392 of IPC.
The first bail application filed by the applicant/accused was dismissed by this Court vide order dated 24.02.2015 passed in M.Cr.C. No.1108/2015 as withdrawn with the direction that if the trail is not concluded within six months from that date the applicant/accused may file again application for bail. However, the said period has not completed.
Therefore, this second bail application filed by the applicant/accused is hereby dismissed.
(M.K.Mudgal ) Judge Vkt/ M.Cr.C. No.4924/2015 08.04.2015 Shri Dinesh Prasad Patel, learned counsel for the applicant/accused.
Shri Pramod Chaurasiya, learned Panel Lawyer for the respondent/State.
Case diary is available. After investigation charge sheet was filed on 25.11.2014.
This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.463/2014 registered at Police Station Amarpatan, District Satna for the offence registered under Sections 376(d) of IPC, 3 / 4 of Protection of Children from Sexual Offences Act and 3(1)(xii), 3(2)(v) of S.C. & S.T.(Prevention of Atrocities) Act.
As per school certificate, the date of birth of the prosecutrix is 01.11.1997. On the basis of which she was near about 15 years when the alleged incident had taken place with her. It is a case of gang rape.
At this stage, learned counsel for the applicant/accused seeks permission to withdraw this application with a liberty to the applicant/accused to file again bail application after recording the statement of the prosecutrix before the trial Court.
The prayer is accepted.
The petition is dismissed as withdrawn with the liberty as stated earlier.
(M.K.Mudgal ) Judge Vkt/ M.Cr.C. No.3928/2015 08.04.2015 Shri Mahesh Acharya, learned counsel for the applicant/accused.
Shri Pramod Chaurasiya, learned Panel Lawyer for the respondent/State.
Case diary is available.
This is the second bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.32/2015 registered at Police Station Panagar, District Jabalpur for the offence registered under Sections 354, 377 of I.P.C. and 4 of Protection of Children from Sexual Offences Act.
The first bail application filed by the applicant/accused under Section 439 of Cr.P.C. was dismissed by this Court vide order dated 02.03.2015 passed in M.Cr.C. No.2130/2015 for want of prosecution.
As per school certificate, the date of birth of the prosecutrix is 01.06.2001. On the basis of which she was near about 14 years when the alleged incident had taken place with her.
At this stage, learned counsel for the applicant/accused seeks permission to withdraw this application with a liberty to the applicant/accused to file again bail application after recording the statement of the victim before the trial Court.
The prayer is accepted.
The petition is dismissed as withdrawn with the liberty as stated earlier.
(M.K.Mudgal ) Judge Vkt/ M.Cr.C. No.4082/2015 08.04.2015 Shri Rajkamal Chaturvedi, learned counsel for the applicant/accused.
Shri Pramod Chaurasiya, learned Panel Lawyer for the respondent/State.
Case diary is available.
This is the second bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.94/2014registered at Police Station Satai, District Chhatarpur for the offence registered under Sections 376(2)-I, 342 of IPC and Section 3 / 4 of Protection of Children from Sexual Offences Act.
The first bail application filed by the applicant/accused under Section 439 of Cr.P.C. was dismissed by this Court vide order dated 12.01.2015 passed in M.Cr.C. No.18686/2014 as withdrawn with the liberty to the applicant/accused to file again bail application after recording the statement of the prosecutrix.
Learned counsel for the applicant/accused submits that statement of the prosecutrix (PW-1) has been recorded by the trial Court on 08.01.2015, wherein, she has not corroborated the prosecution story. Moreover, she has denied all the allegations regarding rape allegedly committed with her. On the aforesaid ground, learned counsel has prayed for bail.
Learned Panel Lawyer opposing the submissions made on behalf of the applicant/accused has prayed for rejection of bail application.
On perusal of the statement of the prosecutrix (PW-1), it is evident that she has not deposed regarding the rape against the applicant/accused in her statement.
Considering the statement of prosecutrix, this Court deems it a fit case to grant bail to the applicant/accused, therefore, allowing the application, it is ordered that the applicant/accused be released on bail on his furnishing a bond for the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with one surety bond for the like amount to the satisfaction of the trial Court for his appearance before the trial/committal Court on the dates given by the concerned Court.
Certified copy as per rules.
(M.K.Mudgal ) Judge Vkt/ M.Cr.C. No.4597/2015 08.04.2015 Shri Mohammad Ali and Shri Lalji Kushwaha, Advocate for the applicant/accused.
Shri Pramod Chaurasiya, learned Panel Lawyer for the respondent/State.
Case diary is available. After investigation charge-sheet has already been filed.
This is the second bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.610/2014 registered at Police Station Kohefiza, District Bhopal for the offence registered under Sections 397 of IPC.
The first bail application filed by the applicant/accused under Section 439 of Cr.P.C. was dismissed by this Court vide order dated 09.03.2015 passed in M.Cr.C. No.2009/2015 as withdrawn.
In the course of argument, as prayed by counsel for the applicant/accused this petition is dismissed as withdrawn with a direction that if the trial is not concluded within four months from today, the applicant/accused may file again an application for bail.
However, the certified copy of the order shall be produced by the applicant/accused within seven days before the trial Court.
C.C. today.
(M.K.Mudgal ) Judge Vkt/ M.Cr.C. No.3436/2015 08.04.2015 None for the applicant/accused even in second round. Shri Pramod Chaurasiya, learned Panel Lawyer for the respondent/State.
Case diary is available.
Since none is appearing on behalf of the applicant/accused, the petition is dismissed for want of prosecution.
(M.K.Mudgal ) Judge Vkt/ CONC.869/2014 08.04.2015 Shri Subodh Kathar, learned counsel for the applicant. Due to paucity of time, matter could not be heard. As prayed, list on Monday i.e. 13.04.2015.
(M.K.Mudgal ) Judge Vkt/ M.A. No.739/2010 08.04.2015 Shri Vishal Dhagat, learned counsel for the appellant. Heard on the question of admission. On payment of process fee within seven days by registered AD as well as by ordinary mode notice for final hearing at motion stage be issued to the respondents and be made returnable within six weeks.
List thereafter.
(M.K.Mudgal ) Judge Vkt/ M.A. No.703/2010 08.04.2015 None for the appellant.
List after two months for admission.
(M.K.Mudgal ) Judge Vkt/ Cr.R. No.489/2010 08.04.2015 Shri G.S. Rajput, learned counsel for the applicants. Shri Pramod Pandey, learned Public Prosecutor for the respondent/State.
As prayed by the counsel for the applicants, two weeks time is granted for argument on admission.
List in the week commencing 04.05.2015.
(M.K.Mudgal ) Judge Vkt/ S.A. No.330/2014 08.04.2015 None for the appellants.
Since none is appearing on behalf of the appellants, the case is adjourned with a direction that if on the next date of hearing none appears to pursue the appeal, it shall be dismissed for want of prosecution as none appeared on 04.02.2015 and 25.03.2015.
List on 17.06.2015.
(M.K.Mudgal ) Judge Vkt/ C.R. No.582/2014 08.04.2015 None for the applicant.
On perusal of the record, it is evident that none appeared in this revision on 20.02.2015, 25.03.2015 and 01.04.2015 which indicates that the applicant has no interest in this revision.
Hence, the revision is dismissed for want of prosecution.
(M.K.Mudgal ) Judge Vkt/ CONC.1876/2014 08.04.2015 None for the petitioner.
Since none is appearing on behalf of the petitioner, the case is adjourned.
List after two months.
(M.K.Mudgal ) Judge Vkt/ CONC.2062/2014 08.04.2015 Smt. Sudha Gautam, learned counsel for the petitioner. Shri Rajnish Chaubey, learned counsel for the respondent No.1.
As prayed by counsel for the respondent No1 by the last indulgence four weeks' time is granted to submit compliance report.
List in the week commencing 11.05.2015.
(M.K.Mudgal ) Judge Vkt/ SA.370/2013 08.04.2015 Shri Ashish Sharma, learned counsel for the appellants. As prayed by counsel for the appel1ants by the last indulgence two weeks' time is granted for arguments.
List in the week commencing 04.05.2015.
(M.K.Mudgal ) Judge Vkt/