Madhya Pradesh High Court
The State Of Madhya Pradesh vs Pappu @ Tejprakash on 3 January, 2018
Soumya Digitally signed by Soumya Ranjan
Dalai
DN: c=IN, o=High Court of Madhya
Pradesh, ou=Administration,
Ranjan postalCode=452001, st=Madhya
Pradesh,
2.5.4.20=f4d2118683e84322bb579
7cf28ee60671538b737cf52962d84
Dalai
d7b527897e53ac, cn=Soumya
Ranjan Dalai
Date: 2018.01.06 16:13:00 +05'30'
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.23828/2017
(State of MP vs. Pappu @ Tejprakash & Ors.)
03/01/2018
Ms. Bhakti Vyas, learned Public Prosecutor for the petitioner/State.
Heard on the question of grant of leave to appeal as well as an application for condonation of delay.
This application for grant of leave to appeal under Section 378(3) of Cr.P.C., 1973 has been filed against the judgment of acquittal dated 14.07.2017 passed by 3rd A.S.J., Shajapur, in S.T. No.ST/400143/2016 whereby the learned trial Court acquitted the non-applicants Nos.1 to 3 for the offence punishable under Sections 307 in alternative 307/34 of IPC and Section 25(1)(B) of Arms Act.
On due consideration, we are of the view that the cause shown by the applicant is sufficient to condone the delay of 33 days and it is a fit case in which permission for grant of leave to appeal can be allowed, meaning thereby, the matter has to be admitted for final hearing. 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.
Office is directed to register it as criminal appeal. Appeal filed as a consequence of this order be registered and proceed as per rules, as admitted.
On payment of requisite process fee, office is directed to issue bailable warrants of Rs.10,000/- against the non-applicants. They are directed to furnish a bail bond in the sum of Rs.10,000/- each with separate solvent surety in the like amount to the satisfaction of the CJM/Trial Court for their appearance before the Registry/Office of this Court on 16.04.2018 and on all other subsequent dates as may be fixed by the office in this behalf.
With the aforesaid, MCRC No.23828/2017 is allowed and is accordingly, disposed of.
Certified copy, as per rules.
(P. K. Jaiswal) (Virender Singh)
Judge Judge