Madhya Pradesh High Court
The State Of Madhya Pradesh vs Govinddas Khandelwal on 12 January, 2016
M.Cr.C. No. 8551 Of 2015
12.01.2016
Shri Bhuwan Deshmukh, learned GA for the
applicant/State.
This application has been filed under Section 378(3) of
the Cr.P.C. for grant of leave to appeal.
It is submitted by learned counsel for the applicant that
respondent has wrongly been acquitted from the charge
under Sections 294, 323, 324 & 506-II of the IPC vide judgment dated 23/06/15 passed by learned Judicial Magistrate, First Class, Susner, Distt. Shajapur in criminal case No. 214/14. Learned trial Court has not properly considered the evidence and material available on record and committed grave error in acquitting the respondent. The statement of the injured Gyanchand (PW/2) as well as Dr. Sheikh Naushad (PW/1) and Ghanshyam (PW/3), who is the injured person is fully corroborated by the medical evidence. Hence, prayed for grant of leave to appeal.
I have perused the record and the judgment passed by the learned trial Court.
Taking into consideration the statements of Gyanchand (PW/2), Ghanshyam (PW/3) & Dr. Sheikh Naushad (PW/1) and the reasons assigned by the learned trial Court, I find that this is a fit case, where leave to appeal can be granted.
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.25,000/- against the non- applicant. He is also directed to furnish bail bond in the sum of Rs.25,000/- with surety in the like amount to the satisfaction of the CJM/Trial Court for his appearance before the Registry/Office of this Court on 12/02/2016 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. 8551/15 stands allowed and disposed of.
C.c. as per rules.
(D.K.Paliwal) Judge sk