Madhya Pradesh High Court
Ansingh vs The State Of Madhya Pradesh on 13 April, 2018
THE HIGH COURT OF MADHYA PRADESH
Cr.R.No. 1157/2014x
Indore dated :13/04/2018
Shri M.S. Chouhan, learned counsel for the applicants.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Bailable warrant issued against applicant No.2-Banesingh @
Bania was received unserved with the report that he has died on
05/07/2017 on the road accident, however, the documents filed
alongwith service report is related to death of Anil S/o Bhuriya.
Superintendent of Police, Dewas is directed to verify the service
report of the warrant issued against applicant No.2-Banesingh @ Bania
and filed its report before this Court by next date of hearing positively.
List in the week commencing 18/06/2018.
(S. K. Awasthi)
Judge
skt
Digitally signed by Santosh Kumar Tiwari
Date: 2018.04.17 10:57:03 +05'30'
THE HIGH COURT OF MADHYA PRADESH
Cr.A.No. 705/2014x
Indore dated :13/04/2018
None for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
As per office report, the appellant-Prem Singh was absent on
12/03/2018 and it is a matter of bail jump.
Let non-bailable warrant of arrest be issued against appellant-Prem
Singh, for securing his presence before this Court on 19/06/2018.
List on 19/06/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A.No. 303/2014x
Indore dated :13/04/2018
Shri Akash Sharma, learned counsel for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Learned counsel for the appellant submits that appellant
Joravarsingh @ Jorsingh is detained in Bherugarh Jail, Ujjain in another
case.
Let production warrant be issued against appellant-Joravarsingh @
Jorsingh for securing his presence before this Court on 02/05/2018.
List on 02/05/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.9373/2018x
Indore dated : 13/04/2018
None for the applicant, when the case is called for second
round.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Shri Vivek Nagar, learned counsel for the complainant
/objector.
On earlier occasions on 28/03/2018 also none appeared on
behalf of the applicant, which indicates that the applicant is no
longer interested in prosecuting this petition.
Accordingly, this petition filed under Section 439 of the Cr.P.C.
is hereby dismissed for want of prosecution.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 236/2008
Indore dated :12/04/2018
Shri Abhijit Singh, learned counsel for the appellant.
Shri S.L. Ahiwasi, learned counsel for the respondent.
Arguments heard.
Reserved for judgment.
(S.K. Awasthi)
Judge
Indore dated : /04/2018
Judgment passed, signed and dated separately.
(S.K. Awasthi)
Judge
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 6105/2006
Indore dated :12/04/2018
Shri Abhijit Singh, learned counsel for the applicant.
Shri S.L. Ahiwasi, learned counsel for the respondent.
Arguments heard.
Reserved for orders.
(S.K. Awasthi)
Judge
Indore dated : /04/2018
Order passed, signed and dated separately.
(S.K. Awasthi)
Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.190/2017x
(Gaurav @ Goldy Vs. State of M.P.)
Indore dated :13/04/2018
Shri A.S. Solanki, learned counsel for the appellant.
Shri Vishal Sanothiya, learned counsel for the respondent/State.
Heard learned counsel for the parties on IA No. 24682/2017, an
application for withdrawal of appeal.
Learned counsel for the appellant submits that the appellant has
already suffered the jail sentence awarded by the trial Court, therefore,
he does not want to press this appeal.
On due consideration of the aforesaid IA No. 24682/2017 is
allowed and accordingly, Cr.A. No. 190/2017 is dismissed as
withdrawn.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1463/2014
Indore dated :13/04/2018
Shri Samarjeet Singh, learned counsel for the applicant.
Bailable warrant issued against respondent Nos. 2 & 3 received
unserved with a report that they are not found on their given address.
Let non-bailable warrant of arrest be issued against respondent
No.2-Mahindra Singh and respondent No.3-Dinesh Laxman Jadhav
for securing their presence before this Court on 19/06/2018.
List on 19/06/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1481/2014
Indore dated :13/04/2018
Shri Samarjeet Singh, learned counsel for the applicant.
Bailable warrant issued against respondent Nos. 2 & 3 received
unserved with a report that they are not found on their given address.
Let non-bailable warrant of arrest be issued against respondent
No.2-Mahindra Singh and respondent No.3-Dinesh Laxman Jadhav
for securing their presence before this Court on 19/06/2018.
List on 19/06/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1465/2014
Indore dated :13/04/2018
Shri Samarjeet Singh, learned counsel for the applicant.
Bailable warrant issued against respondent Nos. 2 & 3 received
unserved with a report that they are not found on their given address.
Let non-bailable warrant of arrest be issued against respondent
No.2-Mahindra Singh and respondent No.3-Dinesh Laxman Jadhav
for securing their presence before this Court on 19/06/2018.
List on 19/06/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1471/2014
Indore dated :13/04/2018
Shri Samarjeet Singh, learned counsel for the applicant.
Bailable warrant issued against respondent Nos. 2 & 3 received
unserved with a report that they are not found on their given address.
Let non-bailable warrant of arrest be issued against respondent
No.2-Mahindra Singh and respondent No.3-Dinesh Laxman Jadhav
for securing their presence before this Court on 19/06/2018.
List on 19/06/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1473/2014
Indore dated :13/04/2018
Shri Samarjeet Singh, learned counsel for the applicant.
Bailable warrant issued against respondent Nos. 2 & 3 received
unserved with a report that they are not found on their given address.
Let non-bailable warrant of arrest be issued against respondent
No.2-Mahindra Singh and respondent No.3-Dinesh Laxman Jadhav
for securing their presence before this Court on 19/06/2018.
List on 19/06/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1474/2014
Indore dated :13/04/2018
Shri Samarjeet Singh, learned counsel for the applicant.
Bailable warrant issued against respondent Nos. 2 & 3 received
unserved with a report that they are not found on their given address.
Let non-bailable warrant of arrest be issued against respondent
No.2-Mahindra Singh and respondent No.3-Dinesh Laxman Jadhav
for securing their presence before this Court on 19/06/2018.
List on 19/06/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1480/2014
Indore dated :13/04/2018
Shri Samarjeet Singh, learned counsel for the applicant.
Bailable warrant issued against respondent Nos. 2 & 3 received
unserved with a report that they are not found on their given address.
Let non-bailable warrant of arrest be issued against respondent
No.2-Mahindra Singh and respondent No.3-Dinesh Laxman Jadhav
for securing their presence before this Court on 19/06/2018.
List on 19/06/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1464/2014
Indore dated :13/04/2018
Shri Samarjeet Singh, learned counsel for the applicant.
Bailable warrant issued against respondent Nos. 2 & 3 received
unserved with a report that they are not found on their given address.
Let non-bailable warrant of arrest be issued against respondent
No.2-Mahindra Singh and respondent No.3-Dinesh Laxman Jadhav
for securing their presence before this Court on 19/06/2018.
List on 19/06/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1752/2014x
Indore dated : 13/04/2018
Shri Vikas Yadav, learned counsel for the appellant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Appellant- Vikas @ Rakh is present in person and he has been duly
identified by his counsel. His presence is marked.
Heard learned counsel for the parties on IA No.2509/2018, an
application for condonation of previous non-appearance of appellant on
16/02/2018 before the registry of this Court.
Learned counsel for the appellant submitted that appellant was
present before the Registry on 06/08/2017 but the incharge of Registry
instead of marking the signature of the present applicant, had marked his
presence on another file, therefore, he could not mark his presence on
16/02/2018 before this Court.
Looking to the reasons assigned in the application, which is
supported with the affidavit, sufficient ground is made out to condone the
previous non-appearance of appellant-Vikas @ Rakh on 16/02/2018 before
this Court.
Accordingly, IA No.2509/2018 is allowed and non-appearance of
appellant- Vikas @ Rakh before this Court on 16/02/2018 is hereby
condoned.
Appellant- Vikas @ Rakh is directed to appear before the Office of
this Court on 09/08/2018 and on all other subsequent dates as may be fixed
by the Office in this behalf.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.109/2014x
Indore dated :13/04/2018
Shri Vikas Jain, learned counsel for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Heard learned counsel for the parties on IA No. 22631/2017, an
application for final hearing at motion stage.
From the perusal of the record, it appears that it is an admitted
matter.
Office is directed to list the matter, under caption "High Court
Expedited Cases" or any other suitable caption of priority cases,
whichever is earlier.
Accordingly, IA No. 22631/2017 is disposed of.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.7466/2018x
(Mukesh Vs. State of M.P.)
Indore dated :13/04/2018
Shri Dharmendra Gurjar, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of
bail in connection with Crime No.50/2018, Police Station-Rau,
District-Indore, concerning offence under Sections 420, 463, 467, 468
& 471 of the IPC read with Section 34(2) of the M.P. Excise Act.
After arguing for some time, learned counsel for the applicant
seeks permission of this Court to withdraw this first application filed
under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.14313/2018x
Indore dated :13/04/2018
Shri Apoorv Joshi, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for time to argue the
matter.
Prayer is allowed.
Be listed in the week commencing 30/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.14310/2018
Indore dated :13/04/2018
Shri Apoorv Joshi, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for time to argue the
matter.
Prayer is allowed.
Be listed in the week commencing 30/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.14098/2018
(Goverdhan Vs. State of M.P.)
Indore dated :13/04/2018
Shri Manish Zharola, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of
bail in connection with Crime No.799/2017, Police Station-Industrial
Area District-Dewas, concerning offence under Sections 394 and
216(A) of the IPC read with Sections 25 and 27 of the Arms Act.
After arguing for some time, learned counsel for the applicant
seeks permission of this Court to withdraw this application filed under
Section 439 of the Cr.P.C. with liberty to renew his prayer after
recording the statement of the complainant before the trial Court.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn
with the aforesaid liberty .
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1310/1997
Indore dated :26/02/2018
Shri Suhel Nisar, learned counsel for the appellant.
Shri Swapnil Sharma, learned Govt. Advocate for the
respondent/State.
Arguments heard.
Reserved for judgment.
(S.K. Awasthi)
Judge
Indore dated : /04/2018
Judgment passed, signed and dated separately.
(S.K. Awasthi)
Judge
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 10858/2017
Indore dated :15/02/2018
Shri Anup Agrawal, present in person.
Mrs. Mamta Shandilyaa, learned Govt. Advocate for the
respondent No.1/State.
Shri Vinod Kumar Bhavsar, learned counsel for the respondent
No.2.
Arguments heard.
Reserved for orders.
(S.K. Awasthi)
Judge
Indore dated : /04/2018
Order passed, signed and dated separately.
(S.K. Awasthi)
Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 226/2012x
Indore dated :11/04/2018
None for the appellant.
Shri Rajesh Mali, learned Govt. Advocate for the
respondent/State.
Neither the service report of non-bailable warrant of arrest issued
against appellant-Dharmendra @ Pappu is received nor concerning
Superintendent of Police, District-Indore has filed any affidavit in
compliance of order dated 18/01/2018.
Let direction be issued to the concerned Superintendent of Police
that he shall collect the service report of the warrant issued against the
appellant-Dharmendra @ Pappu and produced it with a detailed
affidavit before this Court as to why service could not be made
effective and naratting all the steps taken by the concerned officials for
service of non-bailable warrant, failing which he shall remain present
before this Court on next date of hearing positively.
Copy of this order be supplied to learned Public Prosecutor, who
is present in Court for seeking the compliance of the aforesaid order.
Be listed on 11/05/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.13887/2018x
(Shahrukh Vs. State of M.P.)
Indore dated :11/04/2018
Shri R.R. Bhatnagar, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is repeat (second) application under Section 439, Cr.P.C for
grant of bail in connection with Crime No.421/2017, Police Station-
Industrial Area, Jaora, District-Ratlam, concerning offence under
Sections 366, 376(2)(m) and 506 of the IPC.
After arguing for some time, learned counsel for the applicant
seeks permission of this Court to withdraw this second application
filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this second application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 10734/2018x
Indore dated :11/04/2018
Shri R.S. Agrawal, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Learned counsel for the applicnt prays for time to argue the
matter on the ground that arguing counsel is not available today.
Prayer is allowed.
Be listed on 02/05/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13211/2018x
Indore dated :11/04/2018
Shri Neelesh Agrawal, learned counsel for the applicant.
Let record of the court below be requisitioned.
List immediately after receipt of the record.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13327/2018x
Indore dated :11/04/2018
Shri P.K. Bramhabhatt, learned counsel for the applicant.
Learned counsel for the applicant prays for analogous hearing
with M.Cr.C. Nos. 6201/2018 and 8775/2018.
Prayer is allowed.
Office is directed to list the matter on 20/04/2018 alongwith
M.Cr.C. Nos. 6201/2018 and 8775/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13987/2018x
Indore dated :11/04/2018
Shri A.S. Rathore, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent No.1/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make availble the case-
diary by next date of hering positively.
Be listed in the week commencing 30/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1555/2016x
Indore dated :11/04/2018
Shri Shadab Khan, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Let status report of the trial be called from the concerned trial
Court.
Learned Public Prosecutor is directed to produce Balestic Expert
Report with regard to the pistol, which has been recovered at the
instance of the applicant.
Be listed on 02/05/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.82/2017x
(Bhanwar Singh & Ors. Vs. State of M.P.)
Indore dated :11/04/2018
Shri Shadab Khan, learned counsel for the applicants.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
After arguing at length on the merits of the case, learned counsel
for the applicants seeks permission of this Court to withdraw this
revision petition filed under Section 397/401 of the Cr.P.C.
Prayer is allowed.
Accordingly, this revision petition is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 5500/2017
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 99/2013x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
As per office report appellant-Tauliya @ Anil @ Tolsingh was
failed to mark his presence before the Registry of this Court on
26/03/2018.
Let non-bailable warrant of arrest be issued against appellant-
Tauliya @ Anil @ Tolsingh for securing his presence before this Court
on 16/05/2018.
List on 16/05/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 771/2016x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after four weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1838/2016x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Let record of the court below be requisitioned.
Be listed after four weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 624/2017x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after four weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1067/2017x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after four weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 3671/2017
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Appellant is directed to cure the defects pointed out by the office
within one week from today, failing which this appeal shall stands
dismissed without further reference to this Court.
List after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 651/2018x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Let record of the trial court be requisitioned.
List immediately after receipt of the record.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1938/2018
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Today the matter is listed for consideration of IA No. 1595/2018,
an application for exemption from filing affidavit in support of appeal
and IA Nos. 1593/2018, an application under Section 5 of the
Limitation Act & 1594/2018, an application under Section 389 of the
Cr.P.C.
On due consideration IA No. 1595/2018 is disposed of with a
direction that the affidavit shall be produced by next date of hearing
positively.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 12825/2018x
Indore dated :10/04/2018
None for the parties.
Case-diary is not available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Learned Public Prosecutor is directed to make available the case
diary by next date of hearing positively.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13513/2018x
Indore dated :10/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13595/2018x
Indore dated :10/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1207/2018x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Let record of the courts' below be requisitioned.
List immediately after receipt of the record.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 8203/2018x
Indore dated :10/04/2018
None for the parties.
Case-diary is not available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Learned Public Prosecutor is directed to make available the case
diary by next date of hearing positively.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 390/2018x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after four weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 26130/2017x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after four weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 3212/2018x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.9062/2015x
Indore dated :10/04/2018
None for the applicant.
Respondent-Ashok Dashora is present in person.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after four weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 9779/2017x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 9710/2017x
Indore dated :10/04/2018
None for the parties.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed after two weeks.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1304/2014x
Indore dated :10/04/2018
None for the parties.
Due to strike called by the M.P. State Bar Council, the Advocates
are abstaining from court work.
In absence of learned counsel for the parties, the case is adjourned.
List the matter after a week.
(P.K. Jaiswal) (S.K. Awasthi)
Judge Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 419/2008
Indore dated :10/04/2018
None for the parties.
Due to strike called by the M.P. State Bar Council, the Advocates
are abstaining from court work.
In absence of learned counsel for the parties, the case is adjourned.
List the matter after three weeks.
(P.K. Jaiswal) (S.K. Awasthi)
Judge Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 480/2017
Indore dated :20/03/2018
Shri Raghav Shrivastav, learned counsel for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent
/State.
Arguments heard.
Reserved for orders.
(S.K. Awasthi)
Judge
Indore dated :10/04/2018
Order passed, signed and dated separately.
(S.K. Awasthi)
Judge
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 6677/2017
Indore dated :14/03/2018
Shri Saransh Jain, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent No.1/State.
Shri Viraj Jain, learned counsel for the respondent
No.2/complainant.
Arguments heard.
Reserved for orders.
(S.K. Awasthi)
Judge
Indore dated :10/04/2018
Order passed, signed and dated separately.
(S.K. Awasthi)
Judge
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 11633/2018x
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 2488/2018x
Indore dated :09/04/2018
None for the parties.
Case-diary is not available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Learned Public Prosecutor is directed to make available the case-
diary and also comply with Section 15(A)(3) of the SC/ST(PA) Act,
1989 by next date of hearing positively.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 12747/2018x
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13022/2018x
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13290/2018x
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13466/2018x
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13468/2018x
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13492/2018x
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13596/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13604/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 13623/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is not available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Learned Public Prosecutor is directed to make available the case
diary by next date of hearing.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 9039/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 10041/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 10080/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 10233/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 10428/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is not available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Learned Public Prosecutor is directed to make available the case
diary by next date of hearing.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 11113/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 11407/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 11631/2018X
Indore dated :09/04/2018
None for the parties.
Case-diary is available.
Advocates are abstaining from Court work today on the call of
State Bar Council of Madhya Pradesh, therefore, the case is adjourned.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2480/2018x
Indore dated :06/04/2018
Shri Subodh Choudhary, learned counsel for the appellants.
Shri Peyush Jain, learned Govt. Advocate for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary and also comply with Section 15(A)(3) of the SC/ST(PA) Act,
1989 by next date of hearing positively.
Be listed in the week commencing 16/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.13114/2018x
Indore dated :06/04/2018
Ms. Archana Maheshwari, learned counsel for the applicants.
Shri Pankaj Wadhwani, learned Govt. Advocate for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positively.
Be listed in the week commencing 16/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.13261/2018x
Indore dated :06/04/2018
Shri Neelesh Manore, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the
respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for time to argue the
matter.
Prayer is allowed.
Be listed in the week commencing 23/04/2018.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.13235/2018x
(Satish Vs. State of M.P.)
Indore dated :06/04/2018
Shri Shyam Patidar, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of
bail in connection with Crime No.105/2018, Police Station-
Hatpipaliya District-Dewas, concerning offence under Sections 354,
354(A) and 506 of the IPC read with Section 7/8 of the Prevention of
Children from Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this
application filed under Section 439 of the Cr.P.C. with liberty to
renew his prayer after filing of the charge-sheet.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn
with the aforesaid liberty .
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.13277/2018x
(Ravin @ Ravindra Vs. State of M.P.)
Indore dated :06/04/2018
Shri Pankaj Ajmera, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of
bail in connection with Crime No.45/2018, Police Station-Warla
District-Barwani, concerning offence under Sections 354, 354(A) and
506 of the IPC read with Section 7/8 of the Prevention of Children
from Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this
application filed under Section 439 of the Cr.P.C. with liberty to
renew his prayer after filing of the charge-sheet.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn
with the aforesaid liberty .
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 621/2015x
Indore dated : 04/04/2018
Shri Manish Vijayvargiya, learned counsel for the appellant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Appellant- Devkaran is present in person and he has been duly
identified by his counsel. His presence is marked.
Heard learned counsel for the parties on IA No.20316/2017, an
application for condonation of previous non-appearance of appellant on
13/10/2017 before the registry of this Court.
Learned counsel for the appellant submits that due to the illness,
appellant could not appear before the registry of this Court on 13/10/2017.
Looking to the reasons assigned in the application, which is
supported with the affidavit, sufficient ground is made out to condone the
previous non-appearance of appellant-Devkaran on 13/10/2017 before this
Court.
Accordingly, IA No. 20316/2017 is allowed and non-appearance of
appellant- Devkaran before this Court on 13/10/2017 is hereby condoned.
Appellant- Devkaran is directed to appear before the Office of this
Court on 06/07/2018 and on all other subsequent dates as may be fixed by
the Office in this behalf.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 841/2014x
Indore dated : 04/04/2018
Ms. Shraddha Dixit, learned counsel for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Applicant- Bhagwan Singh is present in person and he has been duly
identified by his counsel. His presence is marked.
Heard learned counsel for the parties on IA No.24848/2017, an
application for condonation of previous non-appearance of applicant on
07/12/2017 before the registry of this Court.
Learned counsel for the applicant submits that the applicant is a
driver by profession and on the aforesaid date he was out of station,
therefore, he could not appear before the registry of this Court on
07/12/2017.
Looking to the reasons assigned in the application, which is
supported with the affidavit, sufficient ground is made out to condone the
previous non-appearance of applicant-Bhagwan Singh on 07/12/2017
before this Court.
Accordingly, IA No. 24848/2017 is allowed and non-appearance of
applicant- Bhagwan Singh before this Court on 07/12/2017 is hereby
condoned.
Applicant-Bhagwan Singh is directed to appear before the Office of
this Court on 10/07/2018 and on all other subsequent dates as may be fixed
by the Office in this behalf.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1946/2014x
Indore dated : 04/04/2018
Shri Navendu Joshi, learned counsel for the appellant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Appellant- Shahrukh is present in person and he has been duly
identified by his counsel. His presence is marked.
Heard learned counsel for the parties on IA No.24092/2017, an
application for condonation of previous non-appearance of appellant on
03/10/2017 before the registry of this Court.
Learned counsel for the appellant submits that due to illness,
appellant could not appear before the registry of this Court on 03/10/2017.
Looking to the reasons assigned in the application, which is
supported with the affidavit, sufficient ground is made out to condone the
previous non-appearance of appellant-Shahrukh on 03/10/2017 before this
Court.
Accordingly, IA No. 24092/2017 is allowed and non-appearance of
appellant- Shahrukh before this Court on 03/10/2017 is hereby condoned.
Appellant- Shahrukh is directed to appear before the Office of this
Court on 11/07/2018 and on all other subsequent dates as may be fixed by
the Office in this behalf.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 941/2014x
Indore dated : 04/04/2018
Shri Dharmendra Yadav, learned counsel for the appellant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Appellant- Lalit is present in person and he has been duly identified
by his counsel. His presence is marked.
Heard learned counsel for the parties on IA No.695/2018, an
application for condonation of previous non-appearance of appellant on
23/01/2018 before the registry of this Court.
Looking to the reasons assigned in the application, which is
supported with the affidavit, sufficient ground is made out to condone the
previous non-appearance of appellant-Lalit on 23/01/2018 before this
Court.
Accordingly, IA No. 695/2018 is allowed and non-appearance of
appellant- Lalit before this Court on 23/01/2018 is hereby condoned.
Appellant- Lalit is directed to appear before the Office of this Court
on 09/07/2018 and on all other subsequent dates as may be fixed by the
Office in this behalf.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 1333/2016
Indore dated : 04/04/2018
Shri Gopal Yadav, learned counsel for the appellants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Appellant No.2- Jitendra Bhilala is present in person and he has been
duly identified by his counsel. His presence is marked.
Heard learned counsel for the parties on IA No.2362/2018, an
application for condonation of previous non-appearance of appellant on
11/12/2017 before the registry of this Court.
Learned counsel for the appellant submits that due to the accident
appellant's left leg was fractured, therefore, he could not appear before the
registry of this Court on 11/12/2017.
Looking to the reasons assigned in the application, which is
supported with the affidavit, sufficient ground is made out to condone the
previous non-appearance of appellant No.2-Jitendra Bhilala on 11/12/2017
before this Court.
Accordingly, IA No. 2362/2018 is allowed and non-appearance of
appellant No.2- Jitendra Bhilala before this Court on 11/12/2017 is
hereby condoned.
Appellant No.2- Jitendra Bhilala is directed to appear before the
Office of this Court on 05/07/2018 and on all other subsequent dates as
may be fixed by the Office in this behalf.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.585/2017x
Indore dated : 04/04/2018
None for the applicant, when the case is called for second
round.
None for the respondents.
On earlier occasions on 27/02/2018 and 19/12/2017 also none
appeared on behalf of the applicant, which indicates that the
applicant is no longer interested in prosecuting this petition.
Accordingly, this petition is hereby dismissed for want of
prosecution.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.876/2018x
Indore dated :04/04/2018
Ms. Sangita Parsai, learned counsel for the applicant.
Learned counsel for the applicant is directed to deposit
compounding fees before the trial Court and file its receipt before this
Court.
List on 06/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1354/2006x
Indore dated :04/04/2018
Shri Rajesh Mali, learned Govt. Advocate for the appellant/State.
Shri Manoj Soni, learned counsel for the respondent.
Heard learned counsel for the partis on IA No. 22674/2017, an
application for grant of permission for renewal of passport.
The facts of the case are that the sole respondent has been
acquitted vide judgment dated 26/09/2005 for offence under Sections
6(1)(a) of the Indian Telegraph Act read with Section 20 of the Indian
Wireless Act, 1985 in Criminal Case No. 86/2004. Against the acquittal,
the present appeal has been filed by the State of Madhya Pradesh.
Learned counsel for the respondent submits that the daughter of
the respondent is suffering from cancer and the passport No. E 7063637
of the respondent was valid upto 12/01/2016. He has further submitted
that his daughter is required to be treated in United States of America,
therefore, permission be granted to renew his passport.
Learned Govt. Advocate has no serious objection in allowing the
application.
Keeping in view the totality of the circumstnaces of the case, IA
No. 22674/2017 is allowed and the respondent namely' Devendra S/o
Rajmal Jain is permitted to take appropriate steps for renewal of his
passport. Pendency of this appeal will not come in the way of the
respondent, so far as renewal of the passport is concerned.
Certified copy as per rules.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.10178/2018x
Indore dated :04/04/2018
Shri Vivek Singh, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Learned Public Prosecutor is directed to file the legible copy of the
statement of the prosecution witnesses recorded under Section 161 of
the Cr.P.C. by next date of hearing positively.
List in tdhe week commencing 16/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11933/2018x
Indore dated :04/04/2018
Shri Vivek Singh, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positively.
List in tdhe week commencing 16/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11954/2018x
(Ranjeet Vs. State of M.P.)
Indore dated :04/04/2018
Shri Palash Choudhary, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of
bail in connection with Crime No.676/2017, Police Station-Aerodrum
District-Indore, concerning offence under Section 34(2) of the M.P.
Excise Act.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this
application filed under Section 439 of the Cr.P.C. with liberty to
renew his prayer after recording the statement of the substantial
prosecution witnesses before the trial Court.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn
with the aforesaid liberty .
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 10853/2018x
Indore dated :04/04/2018
Shri Anil Ojha, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned counsel for the respondent/State.
As prayed by the learned counsel for the applicant, list on
06/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 463/2017x
Indore dated :04/04/2018
Shri Anupam Chouhan, learned counsel for the applicants.
Shri Govind Purohit, learned counsel for the respondent/EOW.
As prayed by the learned counsel for the applicants, list alongwith
Cr.R. No. 681/2017.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.635/2017x
(Mallu @ Molu @ Suresh Vs. State of M.P.)
Indore dated :04/04/2018
Shri Manan Dhakad, learned counsel for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
Learned counsel for the applicant seeks permission of this Court
to withdraw this revision petition filed under Section 102 of Juvenile
Justice (Care & Protection of Children) Act, 2015.
Prayer is allowed.
Accordingly, this revision petition is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 843/2017x
Indore dated :04/04/2018
Shri Brijesh Vyas, learned counsel for the applicants.
Shri Akshat Pahadia, learned counsel for the respondent.
Learned counsel for the respondents prays for and is granted a
weeks time to file the power on behalf of the respondents.
Learned counsel for the respondent prays for and is granted time to
argue the matter.
List on 25/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1005/2017x
Indore dated :04/04/2018
Shri Manan Dhakad, learned counsel for the applicant.
Shri D. Patel, learned counsel for the respondents.
Learned counsel for the respondents prays for and is granted a
weeks time to file the power on behalf of the respondents.
List in the week commencing 23/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 903/2017x
Indore dated :04/04/2018
Shri D. Patel, learned counsel for the applicants.
Shri Manan Dhakad, learned counsel for the respondent.
List alongwith Cr.R. No. 1005/2017.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1084/2017x
Indore dated :04/04/2018
None for the applicants.
In absence of the learned counsel for the applicants, the case is
adjourned.
List after 8 weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1089/2017x
Indore dated :04/04/2018
None for the applicant.
In absence of the learned counsel for the applicant, the case is
adjourned.
List after 8 weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.7232/2018x
(Manoj Vs. State of M.P.)
Indore dated :04/04/2018
Shri D. Khanchandani, learned counsel for the applicant.
Shri Peyush Jain, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is repeat (second) application under Section 439, Cr.P.C for
grant of bail in connection with Crime No.18/2015, Police Station-
Dindayal Nagar District-Ratlam, concerning offence under Section
420 of the IPC.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this
second application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this second application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.143/2017x
(Sanjay @ Ors. Vs. State of M.P.)
Indore, Dated:02/04/2018
Shri R.R. Bhatnagar, learned counsel for the appellants.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State .
Heard learned counsel for the parties on I.A. No.1943/2018-repeat
(third) application under Section 389(1) of the Code of Criminal
Procedure for suspension of jail sentence and for grant of bail filed on
behalf of the appellant No.1-Sanjay.
Appellant No.1-Sanjay has been found guilty for offence under
Section 326/34 of the IPC read with Section 25(1)(1B) of the Arms Act
and has respectively been sentenced to undergo 5 years R.I. & 1 years
R.I. and to pay fine of Rs.5,000/- & Rs.1,000/- with usual default
stipulation.
It is submitted by the learned counsel for the appellant that the
appellant was on bail during trial and he did not misuse the liberty
granted to him. It is alleged that the appellant gave a blow of sword on
the hand of the Jitendra, however from the testimony of Mukesh
Shrivastava (P.W. 14) and Dr. Ankur Maheshwari (P.W. 15), it appears
that no bony injury was found on the person of Jitendra. As per
prosecution case co-accused Mohanlal gave an axe blow on the injured
Hari Singh but he caught the axe, due to which he sustained injuries on
his left hand. As per the statement of Dr. Mukesh Shrivastava (PW 14)
dislocation of left middle finger of Hari Singh (injurred) has been found,
however, the jail sentence of the co-accused-Mohanlal has already been
suspended by this Court vide order dated 07/04/2017. There is nothing
on record to show that the injuries inflicted by the appellant No.1-
Sanjay to the injured persons is found to be grievous in nature. The
appellant has already suffered more than 1 years of the jail sentence.
There are fair chances of success of this appeal . The appellant cannot be
kept in custody unnecessarily otherwise the appeal filed by him may render
infructuous. The appellant is ready to deposit the fine amount before the Trial
Court. Under these circumstances, he prays for suspension of jail sentence
and for grant of bail to the appellant.
Learned Public Prosecutor prays for rejection of the application.
Considering the submissions made on behalf of the parties and facts
and circumstances of the case, it would be appropriate to suspended the jail
sentence of the appellant No.1-Sanjay.
Accordingly, I.A. No. 1943/2018 is allowed and it is directed that
subject to deposit of fine amount and on furnishing personal bond by
each of the appellant No.1-Sanjay in the sum of Rs.85,000/- (Rupees
Eighty Five thousand only) with a solvent surety in the like amount to
the satisfaction of the learned trial Court, for his regular appearance
before this Court, the execution of custodial part of the remaining
sentence imposed against the appellant shall remain suspended, till the
final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his
presence before the Registry of this Court on 18/05/2018 and on all such
subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.890/2018x
Indore dated :02/04/2018
Shri N.S. Bhati, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Heard learned counsel for the applicant on IA No. 1294/2018, Ist
application filed under Section 397(2) of the Cr.P.C. for suspension of
jail sentence and for grant of bail to the applicant-Jeevan.
At this stage, learned counsel for the applicant seeks permission of
this Court to withdraw IA No. 1294/2018.
Prayer is allowed.
Accordingly, IA No. 1294/2018 is dismissed as withdrawn.
List in the week commencing on 30/04/2018 for final hearing at
motion stage.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.877/2017x
(Surendra Singh Vs. State of M.P.)
Indore, Dated:02/04/2018
Shri Himanshu Thakur, learned counsel for the appellant.
Shri Vishal Sanothiya, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on I.A.
No.1915/2018, repeat (second) application under Section 389(1) of
Cr.P.C for temporary suspension of custodial sentence of appellant
Surendra.
The appellant has been convicted for the offence
punishable under Sections 352, 307 (on two counts) of the IPC read
with Sections 25(1B)(B), 27(2) of the Arms Act and has been
respectively, sentenced to undergo 3 month R.I., 7 years R.I. (two
counts) and 1 years R.I. (two counts) and to pay with usual default
stipulation.
Learned counsel for the appellant submits that the
appellant was on bail during trial and the liberty so granted to him
has not misused by him. He further submits that the marriage of his
daughter Sapna Kunwar is scheduled to be held on 18/04/2018 and
being a father of the Sapna, the presence of the appellant is required
to perform certain rituals.
This Court vide order dated 09/01/2018 has directed to
verify the factum of the marriage of the appellant's daughter.
Learned Public Prosecutor has filed the verification report received
from the SHO Police-Station-Kalukheda District-Ratlam and
submitted that the marriage of the daughter of the appellant is fixed
for 18/04/2018.
After taking into facts and circumstances of the case,
particularly the fact that the appellant belongs to Hindu religion and
his daughters' marriage is going to be solmenized on 18/04/2018 and
in order to perform certain customary rites and rituals his presence is
necessary.
In view of the aforesaid, it would be appropriate to
temporarily suspended the custodial sentence imposed against the
appellant for a period of 9 days.
Accordingly, the application I.A. No. 1915/2018 is
hereby allowed and it is directed that on furnishing personal bond
and surety bond, each in the sum of Rs.75,000/-(Rupees Seventy
Five thousand Only), by the appellant - Surendra Singh, to the
satisfaction of the learned trial Court he shall be released on bail
temporarily from 14/04/2018 to 22/04/2018, subject to the condition
that he shall surrender himself before the concerned trial Court on
23th April, 2018 for being taken into custody and sent to jail to
suffer the remaining sentence.
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 12606/2018x
Indore dated :02/04/2018
Shri L. Sethia, learned counsel for the applicants.
Shri Vishal Sanothiya, learned counsel for the respondent
No.1/State.
Learned counsel for the applicants prays for and is granted time to
argue the matter.
Meanwhile learned counsel for the applicants is directed to file the
entire copy of the charge-sheet by next date of hearing positively.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1284/2016x
Indore dated :02/04/2018
Parties through their counsel.
List alongwith Cr.R. No. 1320/2016.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1320/2016x
Indore dated : 02/04/2018
Shri Akshat Pahadiya, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Applicant- Jaamsingh is present in person and he has been duly
identified by his counsel. His presence is marked.
Heard learned counsel for the parties on IA No.1518/2018, an
application for condonation of non-appearance of applicant on 08/01/2018
before the registry of this Court and change of date of appearance before
the Registry of this Court.
Applicant submits that he has met with an accident and he is bed
ridden, therefore, he is not in a position to travel at Indore, therefore, he
could not mark his presence before the Registry of this Court on
09/11/2017. Thereafter, he also moved an application for change of date,
however, same application was considered and the next date was given on
08/01/2018. However, on the said date also he was in bed ridden,
therefore, he could not able to mark his presence.
Looking to the reasons assigned in the application, which is
supported with the affidavit, sufficient ground is made out to condone the
non-appearance of applicant-Jaamsingh on 08/01/2018 before this Court.
Accordingly, IA No.1518/2018 is allowed and non-appearance of
applicant- Jaamsingh before this Court on 08/01/2018 is hereby
condoned.
Applicant- Jaamsingh is directed to appear before the Office of this
Court on 07/08/2018 and on all other subsequent dates as may be fixed by
the Office.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 11304/2016x
Indore dated :02/04/2018
Shri A.Guru, learned counsel for the applicants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent
No.1/State.
Learned counsel for the applicants prays for and is granted time to
argue the matter.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 656/2017x
Indore dated :02/04/2018
Shri H.Pathak, learned counsel for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to
argue the matter.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 798/2017x
Indore dated :02/04/2018
Shri Umesh Sharma, learned counsel for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to
argue the matter.
List in the week commencing 22/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 4206/2017x
Indore dated :02/04/2018
None for the applicants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the applicants, the case is
adjourned.
List after 8 weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.6936/2017x
Indore dated :02/04/2018
Shri A.S.Chauhan, learned counsel for the applicants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent
No.1/State.
Shri P.R. Panwar, learned counsel for the respondent No.2.
Learned counsel for the applicants submits that the parties have
entered into compromise, however, they could not produced the
compromise application before this Court, therefore, he prays for time.
Prayer is allowed.
Learned Counsel for the respondents submits that learned counsel
for the applicants is not complied with the direction issued by this Court
on 16/03/2018.
Learned counsel for the applicants submits that he will comply the
order during the course of the day.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.974/2018x
Indore dated :02/04/2018
Shri J.Yadav, learned counsel for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Trial Court record is available.
Learned counsel for the appellant prays for two weeks time to
argue on IA No. 1444/2018, an application under Section 397(2) of the
Cr.P.C. for suspension of jail sentence and for grant of bail to the
applicant-Heerasingh.
Pryaer is allowed.
List in the week commencing 23/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2515/2018x
(Ganesh Vs. State of M.P.)
Indore, Dated:02/04/2018
Ms. Archana Maheshwari, learned counsel for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State .
Heard on the question of admission.
Appeal is admitted for final hearing.
Record of the court below be called for.
Also Heard learned counsel for the parties on I.A. No.2130/2018-
an application under Section 389(1) of the Code of Criminal Procedure
for suspension of jail sentence and for grant of bail filed on behalf of the
appellant-Ganesh.
Appellant has been found guilty for offence under Section 354(A)
of the IPC and has been sentenced to undergo 1 years R.I. and to pay
fine of Rs.2,500/- with usual default stipulation.
It is submitted by the learned counsel for the appellant that the
learned trial Court has recorded conviction without properly
appreciating the evidence on record and that material omissions,
contradictions and anomalies present in the prosecution evidence have
been overlooked. It is also submitted that the appellant was on bail
during trial and the liberty so granted was not misused by him. There
are fair chances of success of this appeal . The appellant cannot be kept in
custody unnecessarily otherwise the appeal filed by him may render
infructuous. The appellant is ready to deposit the fine amount before the Trial
Court. Under these circumstances, he prays for suspension of jail sentence
and for grant of bail to the appellant.
Learned Public Prosecutor prays for rejection of the application.
Considering the submissions made on behalf of the parties and facts
and circumstances of the case, it would be appropriate to suspended the jail
sentence of the appellant.
Accordingly, I.A. No. 2130/2018 is allowed and it is directed that
subject to deposit of fine amount and on furnishing personal bond by
each of the appellant-Ganesh in the sum of Rs.60,000/- (Rupees Sixty
thousand only) with a solvent surety in the like amount to the
satisfaction of the learned trial Court, for his regular appearance before
this Court, the execution of custodial part of the remaining sentence
imposed against the appellant shall remain suspended, till the final
disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his
presence before the Registry of this Court on 18/05/2018 and on all such
subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.56/2013x
Indore dated :02/04/2018
Shri K.P. Pande, learned counsel for the appellants.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Learned Public Prosecutor prays for two weeks time to file reply
of IA No. 1436/2018, repeat (sixth) application under Section 389(1) of
the Cr.P.C. for suspension of jail sentence and for grant of bail to the
appellant No.1-Parmanand.
By way of last opportunity time is granted.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.839/2013x
Indore dated :02/04/2018
Parties through their counsel.
List alongwith Cr.A. No. 577/2017.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.577/2017x
Indore dated :02/04/2018
Shri Anand Bhatt, learned counsel for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Learned Public Prosecutor prays for two weeks time to file reply
of IA No. 6980/2017, an application under Section 389(1) of the Cr.P.C.
for suspension of jail sentence and for grant of bail to the appellant-
Mayur.
By way of last opportunity time is granted.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.340/2014x
Indore dated :02/04/2018
Shri K.P. Pande with Shri Jitendra Bajpai, learned counsel for the
appellants.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Heard learned counsel for the appellants on IA No. 1371/2018, 6 th
application filed under Section 389 of the Cr.P.C. for suspension of jail
sentence and for grant of bail to the appellants.
At this stage, learned counsel for the appellants seeks permission
of this Court to withdraw IA No. 1371/2018.
Prayer is allowed.
Accordingly, IA No. 1371/2018 is dismissed as withdrawn.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.50/2015x
Indore dated :02/04/2018
Shri Himanshu Thakur, learned counsel for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Learned Public Prosecutor prays for two weeks time to file reply
of IA No. 4555/2017, an application under Section 389(1) of the Cr.P.C.
for suspension of jail sentence and for grant of bail to the appellant-
Indresh.
By way of last opportunity time is granted.
List after three weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.426/2016x
Indore dated :02/04/2018
None for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
In absence of the learned counsel for the appellant, the case is
adjourned.
List after six weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.672/2016x
Indore dated :02/04/2018
None for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
In absence of the learned counsel for the appellant, the case is
adjourned.
List after six weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1830/2016x
Indore dated :02/04/2018
Shri Sandeep Rajoria, learned counsel for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Learned counsel for the appellant prays for two weeks time to
argue on IA No. 1004/2018, third application under Section 389 of the
Cr.P.C. for suspension of jail sentence and for grant of bail to appellant-
Saddam.
Pryaer is allowed.
List in tdhe week commencing 23/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.6765/2018x
(Manohar Singh Vs. State of M.P.)
Indore dated :02/04/2018
Shri A.K. Saxena, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of
bail in connection with Crime No.239/2017, Police Station-Jharda
District- Ujjain concerning offence under Sections 307, 447, 341,
294,506, 323 and 325/34 of the IPC.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this first
application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.6836/2018x
Indore dated :02/04/2018
Ms. Sonam Raghuwanshi, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positively.
List in tdhe week commencing 16/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.7263/2018x
Indore dated :02/04/2018
Ms. Sonam Raghuwanshi, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positively.
List in tdhe week commencing 16/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.7051/2018x
(Kadvi Bai Vs. State of M.P.)
Indore dated :02/04/2018
Shri Nilesh Joshi, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is repeat (fourth)) application under Section 439, Cr.P.C for
grant of bail in connection with Crime No.73/2016, Police Station-
Balwada District- Khargone concerning offence under Sections 302
and 307/34 of the IPC.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this
petition .
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn .
Certified copy as per rules.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.7396/2018x
Indore dated :02/04/2018
Shri Rakesh Sharma, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positively.
List in tdhe week commencing 16/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.7769/2018x
Indore dated :02/04/2018
Shri Vivek Singh, learned counsel for the applicant.
Ms. Sonali Gupta, learned counsel for the complainant/objector.
Shri Peyush Jain, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor prays for time to complied with order
dated 07/03/2018.
By way of indulgence one week's time is granted.
List in the week commencing 16/04/2018.
(S. K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.628/2013x
Indore dated :28/03/2018
Parties through their counsel.
List alongwith Cr.R. No. 347/2013.
(S. K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.347/2013x
Indore dated :28/03/2018
Shri Ashish Gupta, learned counsel for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
Perused the PUD dated 04/01/2018, received from the Judicial
Magistrate First Class, Indore. In PUD prayer has been made for
transmission of record of Criminal Case No. 24471/2008 (Dr. Nalini
Jhaveri Vs. Kishore Parikh).
Aforesaid record of the Criminal Case No. 24471/2008 had
already been sent to the Judicial Magistrate First Class, Indore by this
Registry vide dispatch No. RD-436 dated 03/03/2014.
Let necessary information be sent to the Judicial Magistrate First
Class, Indore in this regard.
With the aforesaid PUD stands disposed of.
List the revision for final hearing in due course alongwith Cr.R.
No. 628/2013.
(S. K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.1499/2016x
Indore dated :28/03/2018
Shri D.S. Panwar, learned counsel for the applicant.
Shri V.K. Gangwal, learned counsel for the respondent Nos.1, 2 &
4.
Shri Hemant Sharma, learned Govt. Advocate for the respondent
No.3/State.
Learned counsel for the applicant prays for and is granted two
weeks time to file the certified copy of the charge-sheet.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.1062/2017x
Indore dated :28/03/2018
None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
As per Office report, applicant-Sudhir could not mark his presence
before the Registry of this Court on 20/03/2018.
Let non-bailable warrant of arrest be issued against applicant-
Sudhir for securing his presence before this Court on 30/04/2018.
List on 30/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.3886/2017x
Indore dated :28/03/2018
None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
In absence of the learned counsel for the applicant, the case is
adjourned.
List after four weeks.
(S. K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.686/2010x
Indore dated :28/03/2018
Shri Ramesh Gangare, learned counsel for the appellant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
As per the report received from the Sessions Judge, Mandleshwar,
appellant has suffered the entire jail sentence awarded by the trial Court.
Under these circumstances, learned counsel for the appellant does not
wish to press this appeal.
Accordingly, this appeal is dismissed as not pressed.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.651/2018x
Indore dated :28/03/2018
Shri M.A. Bohra, learned counsel for the applicants.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
Let record of the Courts' below be called for.
List immediately after received of the record.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.27503/2017x
Indore dated :28/03/2018
Shri Ajay Bagadia, learned counsel for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
Learned Public Prosecutor is directed to make available by case-
diary by next date of hearing positively.
List in the next week.
IR to continue till next date of hearing.
Certified copy as per rules.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1221/2018x
Indore dated :28/03/2018
Shri Arjun Pathak, learned counsel for the appellant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
Learned counsel for the appellant prays for and is granted a weeks
time to cure the defects pointed out by the Office.
List after a week.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.689/2018x
Indore dated :28/03/2018
None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
In absence of the learned counsel for the applicant, the case is
adjourned.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2096/2018x
Indore dated :28/03/2018
None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the
respondent/State.
Let record of the Courts' below be called for.
List immediately after received of the record.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.5204/2017
(Ram @ Smackchi Vs. State of M.P.)
Indore, Dated:28/03/2018
Shri R.R. Bhatnagar, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Counsel for the respondent/State .
Heard learned counsel for the parties on I.A. No.22553/2017- an
application under Section 389(1) of the Code of Criminal Procedure for
suspension of jail sentence and for grant of bail filed on behalf of the
appellant-Ram @ Smackchi.
The appellant has been found guilty for offence under Section
392/34 of the IPC and has been sentenced to undergo 5 years R.I. and
to pay fine of Rs.1,000/- with usual default stipulation.
Learned counsel for the appellant submits that the appellant was
on bail during the trial and he has not misused the liberty so granted to
him. It is further submitted that the appellant is not named in the FIR.
Although it is alleged that complainant Sooraj Day (PW 1) had
identified the appellant in Test Identification Parade, however, he has
refused to identify the appellant during his examination before the
Court. The statement of the complainant does not disclose that any
person robbed his mobile phone. No identification parade of the seized
article has been conducted during the course of investigation.
Independent witness of the memorandum and seizure was also not
supported the prosecution version. Under these circumstances, the
appellant cannot be convicted for the offence under Section 392 of the
IPC. There are fair chances of success of this appeal . The appellant
cannot be kept in custody unnecessarily otherwise the appeal filed by him
may render infructuous. The appellant is ready to deposit the fine amount
before the Trial Court. Under these circumstances, he prays for suspension of
jail sentence and for grant of bail to the appellant.
Learned Public Prosecutor prays for rejection of the application.
Considering the submissions made on behalf of the parties and facts
and circumstances of the case, it would be appropriate to suspended the jail
sentence of the appellant.
Accordingly, I.A. No.22553/2017 is allowed and it is directed that
subject to deposit of fine amount and on furnishing personal bond by
the appellant-Ram @ Smackchi in the sum of Rs.75,000/- (Rupees
Seventy Five Thousand only) with a solvent surety in the like amount
to the satisfaction of the learned trial Court, for his regular appearance
before this Court, the execution of custodial part of the remaining
sentence imposed against the appellant shall remain suspended, till the
final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his
presence before the Registry of this Court on 18/05/2018 and on all such
subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6284/2017
(Shivam @ Shiv @ Dharam Vs. State of M.P.)
Indore, Dated:28/03/2018
Shri Manish Joshi, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Counsel for the respondent/State .
Heard on the question of admission.
Appeal is admitted for final hearing.
Also Heard learned counsel for the parties on I.A. No.1616/2018-
an application under Section 389(1) of the Code of Criminal Procedure
for suspension of jail sentence and for grant of bail filed on behalf of the
appellant-Shivam @ Shiv @ Dharam.
The appellant has been found guilty for offence under Section
392/34 of the IPC and has been sentenced to undergo 5 years R.I. and
to pay fine of Rs.1,000/- with usual default stipulation.
Learned counsel for the applicant submits that the appellant was
on bail during the trial and he has not misused the liberty so granted to
him. It is further submitted that the appellant is not named in the FIR.
Although it is alleged that complainant Sooraj Day (PW 1) had
identified the appellant in Test Identification Parade, however, he has
refused to identify the appellant during his examination before the
Court. The statement of the complainant does not disclose that any
person robbed his mobile phone. No identification parade of the seized
article has been conducted during the course of investigation.
Independent witness of the memorandum and seizure was also not
supported the prosecution version. Under these circumstances, the
appellant cannot be convicted for the offence under Section 392 of the
IPC. There are fair chances of success of this appeal . The appellant
cannot be kept in custody unnecessarily otherwise the appeal filed by him
may render infructuous. The appellant is ready to deposit the fine amount
before the Trial Court. Under these circumstances, he prays for suspension of
jail sentence and for grant of bail to the appellant.
Learned Public Prosecutor prays for rejection of the application.
Considering the submissions made on behalf of the parties and facts
and circumstances of the case, it would be appropriate to suspended the jail
sentence of the appellant.
Accordingly, I.A. No. 1616/2018 is allowed and it is directed that
subject to deposit of fine amount and on furnishing personal bond by
the appellant-Shivam @ Shiv @ Dharam in the sum of Rs.75,000/-
(Rupees Seventy Five Thousand only) with a solvent surety in the like
amount to the satisfaction of the learned trial Court, for his regular
appearance before this Court, the execution of custodial part of the
remaining sentence imposed against the appellant shall remain
suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his
presence before the Registry of this Court on 18/05/2018 and on all such
subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1452/2018x
Indore dated :28/03/2018
Shri M. Vijayvargiya, learned counsel for the appellants.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Learned counsel for the appellants prays for and is granted two
weeks time to argue on IA No. 1145/2018, an application under Section
389(1) of the Cr.P.C. for suspension of jail sentence and for grant of bail
to appellant No.1-Bharatsingh.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.1270/2018x
Indore dated :28/03/2018
Shri N.K. Soni, learned counsel for the applicant.
On payment of process-fee within 3 working days, let notice be
issued to respondent by ordinary as well as registered AD on admission
alongwith IA No. 1934/2018, an application for stay. Notice be made
returnable within four weeks.
List thereafter.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.1388/2018x
Indore dated :28/03/2018
Shri K.K.Gupta, learned counsel for the applicant.
On payment of process-fee within 3 working days, let notice be
issued to respondent by ordinary as well as registered AD on
admission . Notice be made returnable within four weeks.
List thereafter.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2086/2018x
Indore dated :28/03/2018
Shri K.K. Bundela, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent
No.1/State.
Learned Public Prosecutor is directed to make available the case-
diary on next date of hearing positively and also to comply with Section
15(A)(3) of the SC/ST(PA) Act, 1989.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2097/2018x
Indore dated :28/03/2018
Shri Sunil Yadav, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
List alongwith Cr.A. No. 2421/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2421/2018x
Indore dated :28/03/2018
Shri Sunil Yadav, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Let record of the court below be called for.
List immediately after received of the record.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2545/2018x
Indore dated :28/03/2018
Shri Rajesh Yadav, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Let record of the court below be called for.
List immediately after received of the record.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11441/2018x
Indore dated :28/03/2018
Ms. Archana Maheshwari, learned counsel for the applicants.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positvely.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11585/2018x
Indore dated :28/03/2018
None for the applicant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
In absence of the learned counsel for the applicant, the case is
adjourned.
List after four weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.12275/2018x
Indore dated :28/03/2018
Shri Vinay Gandhi, learned counsel for the applicant.
On payment of process-fee within 3 working days, let notice be
issued to respondent Nos. 1 & 2 by ordinary as well as registered AD on
admission alongwith IA No. 2129/2018, an application for stay. Notice
be made returnable within four weeks.
List thereafter.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.4685/2017x
Indore dated :27/03/2018
Ms. Mini Ravindran, learned counsel for the applicants.
None for the respondent, though duly served.
Heard learned counsel for the applicants on IA No. 2107/2018, an
application for condonation of delay of 1 days in serving the humdast
notice to the respondent.
On due consideration of the reasons assigned in the application,
which is supported with affidavit, sufficient ground is made out to
condone the delay.
Accordingly, IA No.2107/2018 is allowed and delay of 01 days in
serving the humdast notice to the respondent is hereby condoned.
List after two weeks.
I.R. to continue till the next date of hearing.
Certified copy as per rules.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.5901/2017x
Indore dated :27/03/2018
None for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Let record of the court below be called for.
List immediately after receipt of the record.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.6331/2017x
Indore dated :27/03/2018
Ms. Mini Ravindran, learned counsel for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent
No.2/State.
On payment of process-fee within 3 working days, let notice be
issued to respondent No.1 by ordinary as well as registered AD. Notice
be made returnable within four weeks.
Till the next date of hearing, no correcive action shall be taken
against the applicant.
Certified copy as per rules.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8520/2017x
Indore dated :27/03/2018
None for the parties.
In absence of the learned counsel for the parties, the case is
adjourned.
List after four weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8871/2017x
Indore dated :27/03/2018
Shri Bharat Yadav, learned counsel for the applicants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent
No.1/State.
None for the respondenet No.2.
Learned counsel for the applicants prays for and is granted four
weeks' time to argue the matter.
List therafter.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8889/2017x
Indore dated :27/03/2018
Shri Sapnesh Jain, learned counsel for the applicants.
None for the respondent.
Learned counsel for the applicants prays for and is granted four
weeks' time to argue the matter.
List therafter.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.22156/2017x
Indore dated :27/03/2018
Shri Rajesh Mali, learned Govt. Advocate for the applicant/State.
Learned Govt. Advocate prays for and is granted a weeks time to
argue the matter.
List after a week.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.23036/2017x
Indore dated :27/03/2018
Shri Sandeep Joshi, learned counsel for the applicant.
On payment of process-fee within three working days, let notice
be issued to respondent by ordinary as well as by registered AD mode.
Notice be made returnable within four weeks.
Meanwhile record of the court below be called for.
List thereafter.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.23324/2017x
Indore dated :27/03/2018
Shri A.K. Saxena, learned counsel for the applicant.
None for the respondent.
Learned counsel for the applicant prays for and is granted time to
argue the matter.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.23465/2017x
Indore dated :27/03/2018
Shri Pourush Raka, learned counsel for the applicant.
Notice issued against respondent No.1 return unserved.
On payment of fresh process-fee within three working days, let
notice be issued to respondent No.1 by ordinary as well as by registered
AD mode. Notice be made returnable within four weeks.
List thereafter.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.23821/2017x
Indore dated :27/03/2018
Shri Manish Joshi, learned counsel for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positively.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.23989/2017x
Indore dated :27/03/2018
Shri Ashish Sharma, learned counsel for the applicant.
None for the respondent.
Learned counsel for the applicant prays for and is granted time to
argue the matter.
List after two weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11739/2018x
(Amrita Bai Sharma Vs. State of M.P.)
Indore dated :27/03/2018
Shri Vivek Singh, learned counsel for the applicant.
Ms. Nidhi Bohra, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of
bail in connection with Crime No.06/2018, Police Station-Bercha
District- Shajapur concerning offence under Sections 363 and
364(A)/34 of the IPC.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this first
application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11631/2018x
Indore dated :27/03/2018
Shri Imran Qureshi, learned counsel for the applicant.
Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted time to
argue the matter.
List in the week commencing 09/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.10428/2018x
Indore dated :27/03/2018
Shri Rajnish Yadav, learned counsel for the applicant.
Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positively.
List in the week commencing 09/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11907/2018x
Indore dated :27/03/2018
Shri N.K. Saxena, learned counsel for the applicant.
Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State.
Case-diary is not available.
Learned Public Prosecutor is directed to make available the case-
diary by next date of hearing positively.
List in the week commencing 09/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 5799/2018x
Indore dated :26/03/2018
Shri Ashish Gupta, learned counsel for the applicants.
None for the respondents.
Learned counsel for the applicants submits that he has filed the list
of documnts on 21/03/2018, however, these documents are not placed
on record.
List on 27/03/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 5785/2018
Indore dated :26/03/2018
Shri Ashish Gupta, learned counsel for the applicants.
None for the respondents.
Learned counsel for the applicants submits that he has filed the list
of documnts on 21/03/2018, however, these documents are not placed
on record.
List on 27/03/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A.No. 2078/2018x
Indore dated :26/03/2018
Shri Abhishek Tugnagwat, learned counsel for the appellant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State.
Case-diary is not available.
Learned counsel for the appellant submits that he has filed IA No.
1972/2018, an application under Section 5 of the Limitation Act for
condonation of delay .
Learned Public Prosecutor is directed to make available the case-
diary on next date of hearing positively and also to comply with Section
15(A)(3) of the SC/ST(PA) Act, 1989 alongwith notice of IA No.
1972/2018.
List in the week commening 09/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 1324/2018x
Indore dated :26/03/2018
Shri Shahid Sheikh, learned counsel for the applicants.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Let record of the Courts below be called for.
List immediately after receipt of the record.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No. 7502/2018x
Indore dated :26/03/2018
Shri Ratnesh R. Gupta, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the
respondent/State.
Learned Public Prosecutor prays for and is granted a weeks time to
call report from the concerned SHO that what steps he has taken to
produce the prosecutrix before the trial Court for recording her
statement in the light of Section 35(1) of the Protection of Children from
Sexual Offences Act, 2012.
List in the week commencing 09/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.4797/2018x
(Pappu Vs. State of M.P.)
Indore dated :26/03/2018
Shri Kaushal Sisodiya, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is repeat (third) application under Section 439, Cr.P.C for grant of
bail in connection with Crime No.468/2016, Police Station-Badnawar District-
Dhar concerning offence under Sections 376, 506 of the IPC read with Section ¾
of the Protection of Children from Sexual Offences Act, 2012.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this third
application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this third application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.4770/2018x
(Manjit Singh @ Pappu Vs. State of M.P.)
Indore dated :26/03/2018
Shri A.K. Saraswat, learned counsel for the applicant.
Shri Manoj Soni, learned counsel for the respondent/CBN.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in
connection with Crime No. 1/2017, Police Station-CBN, Mandsaur District-
Mandsaur concerning offence under Sections 8/15 & 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985.
After arguing at length on the merit of the case, learned counsel
for the applicant seeks permission of this Court to withdraw this first
application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn .
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No. 71/2018
Indore dated :16/03/2018
Shri N.J. Dave, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Govt. Advocate for the
respondent/State.
Let record of the Courts below be called for.
List immediately after receipt of the record.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. 5000/2017x
Indore dated :23/03/2018
Shri Vishal Pawar, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondents/State.
Heard learned counsel for the parties on IA No. 21856/2017, an
application under Section 5 of the Limitation Act for condonation of
delay of 300 days in filing this appeal.
Learned counsel for the appellant submits that the appellant's
father is old and sick person aged about 62 years and the appellant is in
custody, therefore, he could not file this appeal within the prescribed
time period. Under these circumstances, he prayed for condonation of
delay.
Though prayer for condonation of delay is opposed by the learned
Public Prosecutor.
On due consideration of the reasons assigned in the application,
which is supported with affidavit, sufficient ground is made out to
condone the delay.
Accordingly, IA No. 21856/2017 is allowed and delay of 300 days
in filing this appeal is hereby condoned.
Heard on the question of admission.
Appeal is admitted for final hearing.
Record of the trial Court be called for.
List the appeal immediately after receipt of the record for
consideration of IA No. 1918/2018, an application under Section
389(1) of the Cr.P.C. for suspension of jail sentence and for grant of
bail to the appellant-Sodan Singh.
(S. K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2267/2018x
Indore dated :23/03/2018
None for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
In absence of the learned counsel for the appellant, the case is
adjourned.
List after four weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.617/2016x
Indore dated :23/03/2018
None for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
In absence of the learned counsel for the appellant, the case is
adjourned.
List after six weeks for consideration of IA No. 182/2018, an
application under Section 389(1) of the Cr.P.C. for suspension of jail
sentence and for grant of bail to the appellant-Lakhan Singh.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6098/2018x
Indore dated :23/03/2018
Shri Yogesh Kumar Gupta, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Learned Public Prosecutor prays for and is granted two weeks
time to file reply of IA No. 1950/2018, an application under Section
389(1) of the Cr.P.C. for suspension of jail sentence and for grant of bail
to the appellant-Salam.
List in the week commencing 16/04/2018.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.511/2018x
Indore dated :23/03/2018
Shri Gyanendra Sharma, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Learned counsel for the appellant prays for and is granted four
weeks time to argue on IA No. 377/2018, an application under Section
389(1) of the Cr.P.C. for suspension of jail sentence and for grant of bail
to the appellant-Ganpatlal Kumawat.
List after four weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.1166/2018x
Indore dated :23/03/2018
Shri Vikas Jain, learned counsel for the applicant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.
Learned counsel for the applicant prays for and is granted two
weeks time to file the entire copy of the charge-sheet.
List after two weeks alongwith M.Cr.C. No. 10790/2018 for
analogous hearing.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8179/2017x
Indore dated :23/03/2018
None for the applicant.
Shri Anurag Chandra Goyal, learned counsel for the respondent.
At the request of learned counsel for the respondent list the matter
in the week commencing 16/04/2018 alongwith M.Cr.C. Nos.
8177/2017, 8182/2017, 8174/2017, 8183/2017, 8187/2017 and
8210/2017 for analogous hearing.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8211/2017x
Indore dated :23/03/2018
None for the applicant.
Shri Anurag Chandra Goyal, learned counsel for the respondent.
At the request of learned counsel for the respondent list the matter
in the week commencing 16/04/2018 alongwith M.Cr.C. Nos.
8177/2017, 8182/2017, 8174/2017, 8183/2017, 8187/2017 and
8210/2017 for analogous hearing.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.3771/2018x
Indore dated :23/03/2018
None for the applicant.
In absence of the learned counsel for the applicant, the case is
adjourned.
List after six weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.468/2017x
Indore dated :23/03/2018
None for the applicants.
In absence of the learned counsel for the applicants, the case is
adjourned.
List after six weeks.
(S. K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
Cr.R. No.964/2017x
(Irfan & Ors Vs. State of M.P.)
Indore dated :23/03/2018
Shri Pankaj Joshi, learned counsel for the applicants.
Shri Vishal Sanothiya, learned Govt. Advocate for the respondent
/State.
Learned counsel for the applicants does not wish to press this
criminal revision filed under Section 397/401 of the Cr.P.C.
Accordingly, this criminal revision is dismissed as not pressed.
(S.K. Awasthi)
Judge
skt
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.4311/2018x
(State of M.P. vs. Manoj)
Indore dated :23/03/2018
Smt. Archana Kher, Govt. Advocate for the applicant/State.
None for the respondent.y
ORDER
The applicant/State has filed this petition under Section 378(3) Code of Criminal Procedure, 1973 (for short 'The Code') for the grant leave to appeal against judgment dated 30/10/2017 passed by Additional 4 th Additional Sessions Judge, Badnawar, District Dhar in S.T. No. 302/2012, whereby the respondent-
Manoj has been acquitted from the charge under Sections 420, 467, 469 and 471 of the IPC.
2. Briefly stated facts of the case are that the complainant-Lalchand filed a private complaint against the respondent on the ground that on 25/05/2010, he purchased a motorcycle from one Bhaiyyu S/o Sadat Ali bearing registration No. MP-09-MS-4721 and an agreement was executed to this effect. Under the agreement parties were agreed that the complainant-Lalchand will use the motorcycle and if he found in defect in it, then transaction shall be cancelled.
Complainant-Lalchand has handedover a cheque of Rs.40,000/- as a surety and it was also agreed that if the complainant found the vehicle in good condition then Bhaiyyu will entitled to encash the aforesaid cheque. After using the motorcycle for a period of one month the complainant cancelled the agreement and return back the motorcycle to the Bhaiyyu. When the complainant demanded the aforesaid cheque then Bhaiyyu did not return the him the cheque. On 11/07/2011, complainant-Lalchand received a notice from the Advocate of respondent-Manoj, in which, it was stated that the cheque No. 3526720 was issued by him to the respondent towards financial assistance of Rs.1,50,000/-.
When the cheque was presented for encashment the same were dishonoured for "insufficiency of funds", thereafter, respondent filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 against complainant before Judicial Magistrate First Class, Badnawar District-Dhar and on the basis of the above complaint the Court has taken the cognizance against the complainant under Section 138 of the Negotiable Instruments Act, 1881. Then complainant filed a written complaint against the respondent at Police-Station-Badnawar regarding cheating and forgery, however, police has not taken any action in the aforesaid report. Thereafter, complainant filed a private complaint against the respondent before Judicial Magistrate First Class, Badnawar. After receiving the report, the statement of the complainant-Lalchand and his witnesses were recorded under Sections 200 and 202 of the Cr.P.C. and after considering the material available on record, Judicial Magistrate First Class, Badnawar registered the complaint against the respondent for commission of the offence under Sections 420, 467, 468, 469 and 471 of the IPC. The offence registered against the respondent was triable by Sessions Court, therefore, the case was committed to the Court of Sessions and ultimately it was transferred to the Court of 4 th Additional Sessions Judge, Badnawar District-Dhar.
3. The trial Court after due appreciation of the entire record by the impugned judgment held that the prosecution has failed to proved that the cheque issued by the complainant-Lalchand was forged by the respondent-Manoj.
4. learned counsel for the applicant/State submitted that the trial Court has wrongly disbelieved the statement of the complainant-Lalchand as well the documentary evidence available on record and acquigtted the respondent. Hence, he prayed for grant of leave to appeal.
5. We have considered the submissions made by the learned counsel for the applicant and perused the record.
6. On the perusal of the impugned judgment, we are of the considered view that the trial Court on the basis of statement of the complainant and the material available on record, does not found prove that the complainant has issued cheque in pursuance to the agreement for sale of motorcycle in favour of the Bhaiyyu and he handed over the same cheque to the respondent, who misused the same and presented with the bankers for encashment. From the perusal of record, it appears that the dispute is of a civil nature and to given a cloak of criminal offence this complaint has been filed. In view of the aforesaid, the finding of acquittal recorded by the trial Court appears to be just and reasonable. No perversity is apparent in the finding of acquittal recorded by the trial Court
7. Resultantly, no grounds are available to grant leave to appeal against impugned judgment of acquittal, hence, the petition is hereby dismissed.
(Hemant Gupta) (S. K. Awasthi)
Chief Justice Judge
skt
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.24615/2017x Indore dated :19/02/2018 Shri Akash Sharma, learned counsel for the applicant. Shri Swapnil Sharma, learned Govt. Advocate for the respondent/State.
The applicant has filed the instant petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR registered at Crime No. 596/2017 at Police Station Barwah, District-Khargone for offences punsihable under Section 354(d) of the IPC; Section 67(a) of the I.T. Act; Sections 11(4), 12 & 3/4 of the Protection of Children from Sexual Offences Act, 2012 read with Sections 3(2)(vii) 3 (2)(5)(k) of the SC/ST (PA) Act, 1989.
From the perusal of the documents available on record, it appears that neither the copy of FIR has been filed nor the case-diary is available, therefore, learned counsel for the applicant is directed to file the copy of the FIR. Meanwhile learned Govt. Advocate is directed to make available the case-diary be next date of hearing positively.
List in the week commencing 09/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Writ Appeal No.418/2014x (State of M.P. & ors. vs. Dushyant Pagare) Indore dated :22/03/2018 Shri Mukesh Porwal, Govt. Advocate for the appellants/State. None for the respondent.
ORDER Challenge in the present appeal is to an order passed by the learned Single Bench on 04/03/2014 in writ petition No. 12598/2013, whereby transfer of the writ petitioner vide order dated 04/10/2013 was set aside.
In an appeal against the order of setting aside the transfer, this Court passed an order of stay of the order passed by the learned Single Judge on 16/04/2014. An application for vacation of stay was dismissed on 09/05/2014.
The respondent has filed an application IA No. 4989/2017 pointing out that the writ petitioner has been now transferred from Barwani to Shahdol on 10/07/2017 and the writ appeal has become infructuous.
In view of the fact that transfer of the writ petitioner to Barwani, which was set aside by the learned Single Bench was stayed and subsequently, the writ petitioner has been transferred to Shahdol, we do not find that any cause in the present writ appeal survives.
Accordingly, the Writ Appeal is dismissed as infructuous.
(Hemant Gupta) (S. K. Awasthi)
Chief Justice Judge
skt
HIGH COURT OF MADHYA PRADESH
Cr.A. No.1030/2014
Indore dated :21/03/2018
Shri S.K. Vijayvargiya, learned counsel for the appellant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
List alongwith Cr.A. No. 1057/2014.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1057/2014x (Azad Shah Vs. State of M.P.) Indore, Dated:21/03/2018 Shri Rakesh Sharma, learned counsel for the appellant. Shri Rajesh Mali, learned Counsel for the respondent/State . Heard learned counsel for the parties on I.A. No.1832/2018- repeat (second) application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellant-Azad Shah.
The appellant has been found guilty for the offence under Sections 379 & 379/34 of the IPC and has respectively been sentenced to undergo 2 years R.I. and 2 years R.I. and to pay fine of Rs.5,000/- for each offence.
First application for suspension of jail sentence and for grant of bail to appellant-Azad Shah has been allowed by this Court, vide order dated 31/07/2014 subject to furnishing a personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 08/12/2014 and on all such future dates as may be fixed in that behalf during the pendency of this appeal. But appellant could not furnish the bail bond before the trial Court, therefore, he filed an IA No. 9/2015, an application for extension of time to furnish bail bond, which was allowed by this Court, vide order dated 03/02/2015 and the appellant is directed to furnish the bail bond in the line of the order dated 31/08/2014 and shall remain present in the Registry on 28/04/2015 and on all such other dates as may be fixed in this behalf. Thereafter, appellant regularly appear before this Court for his appearance. During pendency of this appeal, the appellant was absent on 16/03/2017. Thus this Court, vide order dated 16/05/2017 directed to issued non-bailable warrant against the applicant. Thereafter, on 07/11/2017, it was informed that the appellant is detained in Central Jail, Bherugarh in some other case, therefore, production warrant was issued against him and in pursuance of aforesaid production warrant the appellant was produced before this Court on 13/12/2017 and since then he is in custody.
Learned counsel for the appellant submitted that the appellant was detained in jail since 12/03/2017 in some other case, therefore, he could not mark his presence before this Court on 16/03/2017 and he ensure that in future appellant shall regularly appear before the registry of this Court on all dates as may be given in this behalf. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
Learned Public Prosecutor prays for rejection of the application.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspended the jail sentence of the appellant.
Accordingly, I.A. No. 1832/2018 is allowed and it is directed that on furnishing personal bond by the appellant-Azad Shah in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 18/05/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.2097/2018x (Kamlesh & Ors. Vs. State of M.P.) Indore, Dated:21/03/2018 Shri Sunil Yadav, learned counsel for the appellants. Shri Rajesh Mali, learned Counsel for the respondent/State . Heard on the question of admission. Appeal is admitted for final hearing. Record of the court below be called for. Also Heard learned counsel for the parties on I.A. No.1873/2018- an application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellants-Kamlesh & Kailash.
Each of the appellant has been found guilty for offence under Section 325/34 of the IPC and has been sentenced to undergo 3 years R.I. and to pay fine of Rs.10,000/- with usual default stipulation.
It is submitted by the learned counsel for the appellants that the learned trial Court has recorded conviction without properly appreciating the evidence on record and that material omissions, contradictions and anomalies present in the prosecution evidence have been overlooked. It is also submitted that the appellants were on bail during trial and the liberty so granted was not misused by them. There are fair chances of success of this appeal . The appellants cannot be kept in custody unnecessarily otherwise the appeal filed by them may render infructuous. The appellants are ready to deposit the fine amount before the Trial Court. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellants.
Learned Public Prosecutor prays for rejection of the application.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspended the jail sentence of the appellants.
Accordingly, I.A. No. 1873/2018 is allowed and it is directed that subject to deposit of fine amount and on furnishing personal bond by each of the appellants-Kamlesh and Kailash in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 18/05/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.2085/2018x (Sangram Vs. State of M.P.) Indore, Dated:21/03/2018 Shri M.M. Joshi, learned counsel for the appellant. Shri Rajesh Mali, learned Counsel for the respondent/State . Heard on the question of admission. Appeal is admitted for final hearing. Record of the court below be called for. Also Heard learned counsel for the parties on I.A. No.1748/2018- an application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellant-Sangram.
The appellant has been found guilty for offence under Sections 451, 354(A) of the IPC read with Section 3(2)(va) of the SC/ST (PA) Act, 1989 and Section 3(1)(w)(i) of the SC/ST (PA) Act, 1989 and has respectively been sentenced to undergo 1 years R.I., 6 months R.I. and 3 years R.I. and to pay fine of Rs.1,000/-, Rs.1,000/- and Rs.5,000/- with usual default stipulation.
It is submitted by the learned counsel for the appellant that the learned trial Court has recorded conviction without properly appreciating the evidence on record and that material omissions, contradictions and anomalies present in the prosecution evidence have been overlooked. It is also submitted that the appellant was on bail during trial and the liberty so granted was not misused by him. There are fair chances of success of this appeal . The appellant cannot be kept in custody unnecessarily otherwise the appeal filed by him may render infructuous. The appellant is ready to deposit the fine amount before the Trial Court. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
Learned Public Prosecutor prays for rejection of the application. Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspended the jail sentence of the appellant.
Accordingly, I.A. No. 1748/2018 is allowed and it is directed that subject to deposit of fine amount and on furnishing personal bond by the appellant-Sangram in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 18/05/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10711/2018x Indore dated :21/03/2018 Shri Rakesh Vyas, learned counsel for the applicants. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10229/2018x Indore dated :21/03/2018 Shri M.M. Joshi, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List on 28/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9899/2018x Indore dated :21/03/2018 Shri Amit Raval, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10184/2018x (Kaju Vs. State of M.P.) Indore dated :21/03/2018 Shri M.R. Sheikh, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this first application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10220/2018x Indore dated :21/03/2018 Shri Vikas Jain, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10891/2018x Indore dated :21/03/2018 Shri Jitendra Sharma, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Shri Vikas Jaiswal, learned counsel for the complainant/objector. Learned counsel for the complainant prays for and is granted time to file written objection on the bail application.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10892/2018 Indore dated :21/03/2018 Ms. Pooja Jain, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after a week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10896/2018 Indore dated :21/03/2018 Ms. Pooja Jain, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after a week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10908/2018 Indore dated :21/03/2018 Shri Surendra Tuteja, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10975/2018 (Arjun Vs. State of M.P.) Indore dated :21/03/2018 Shri Pramod Choubey, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this first application filed under Section 439 of the Cr.P.C. with a liberty to renew his prayer after recording the statement of the prosecutrix before the trial Court.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11009/2018 Indore dated :21/03/2018 Shri Mitesh Patidar, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.29139/2017 Indore dated :21/03/2018 None for the applicant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4774/2018x Indore dated :21/03/2018 Shri Umesh Sharma, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List on 28/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5235/2018x Indore dated :21/03/2018 Shri Vaibhav Dube, learned counsel for the applicants. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9875/2018x (Raju @ Rajesh Vs. State of M.P.) Indore dated :21/03/2018 Shri Vivek Singh, learned counsel for the applicant. Shri K.C. Waghela, learned counsel for the complainant/objector. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this first application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.926/2016x Indore dated :21/03/2018 Ms. Pooja Jain, learned counsel for the appellant. Shri Rajesh Mali, learned Govt. Advocate for the respondent /State.
Learned counsel for the appellant prays for and is granted two weeks' time to argue the matter.
List in the week commencing 16/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.617/2018x Indore dated :21/03/2018 Shri K.C. Kabra, learned counsel for the appellants. Shri Rajesh Mali, learned Govt. Advocate for the respondent /State.
Heard learned counsel for the parties on IA No. 1860/2018, an application for amendment in the array of IA No. 460/2018, an application filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence and for grant of bail to the appellants.
On due consideration IA No. 1860/2018 is allowed. Applicant is directed to carry out necessary amendments in the IA No. 460/2018 during the course of the day.
List in the week commencing 09/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1797/2018x Indore, Dated:21/03/2018 None for the appellants.
Shri Rajesh Mali, learned Counsel for the respondent/State . List alongwith Cr.A. No. 2197/2018.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.2197/2018x Indore, Dated:21/03/2018 Shri Jitendra Sharma, learned counsel for the appellant. Shri Rajesh Mali, learned Counsel for the respondent/State . Heard on the question of admission. Appeal is admitted for final hearing. Record of the Court below be called for. List immediately after receipt of the record.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH Cr.R. No.611/2017x Indore dated :20/03/2018 Shri Sanjay Gupta, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
Learned counsel for the applicant is also directced to file the copy of the entire charge-sheet.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1584/2017x Indore dated :20/03/2018 Shri Ashish Gupta, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. At the request of the learned counsel for the parties, list the matter in the week commencing 02/04/2018 alongwith Cr.A. No. 1463/2017.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.3173/2017x Indore dated :20/03/2018 Shri Vaibhav Dube, learned counsel for the applicant. Learned counsel for the applicant prays for and is granted a weeks time to argue on the maintainability of the revision.
List after a week .
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3286/2017x Indore dated :20/03/2018 Shri Sachin Parmar, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent No.1/State.
Learned counsel for the applicant is directed to file the copy of the entire charge-sheet.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3344/2017x Indore dated :20/03/2018 Ms. Pooja Jain, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent No.1/State.
Learned counsel for the applicant prays for and is granted a weeks time to argue the matter.
List after a week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3762/2017x Indore dated :20/03/2018 Ms. Shraddha Singh, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent No.1/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4206/2017x Indore dated :20/03/2018 Shri M. Patidar, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4935/2017x Indore dated :20/03/2018 Shri M.L. Patidar, learned counsel for the applicants. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent No.1/State.
Shri A. Upadhyay, learned counsel for the respondent No.2. Learned counsel for the partis prays for and is granted time to argue the matter.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5090/2017x Indore dated :20/03/2018 Shri Rajesh Yadav, learned counsel for the applicants. None for the respondent.
At the request of the learned counsel for the applicants, the case is adjourned.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5567/2017x Indore dated :20/03/2018 Shri M.K. Khokar, learned counsel for the applicant. On payment of process-fee within three working days, let notice be issued to respondents by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.
List thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 6692/2017x Indore dated :20/03/2018 None for the applicant.
Shri Ajay Jain, learned counsel for the respondent. Let record of the Court below be called for. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 6689/2017x Indore dated :20/03/2018 None for the applicant.
Shri Ajay Jain, learned counsel for the respondent. Let record of the Court below be called for. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10332/2018x (Gulab Kapoor Vs. Shilpa) Indore dated :20/03/2018 Shri Tarun Kushwaha, learned counsel for the applicant. After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this petition filed under Section 482 of the Cr.P.C. with a liberty to raise all the grounds before the trial Court, which are alleged in the present petition.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10818/2018x Indore dated :20/03/2018 Shri Sudarshan Pandit, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10856/2018x (Sitarasingh Vs. State of M.P.) Indore dated :20/03/2018 Shri Anurag Vyas, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this second application filed under Section 439 of the Cr.P.C. with a liberty to renew his prayer after recording the statement of the substantial prosecution witnesses before the trial Court.
Prayer is allowed.
Accordingly, this second application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.26580/2017x (Rajendra @ Bacha Vs. State of M.P.) Indore dated :20/03/2018 Shri Jagdish Dangi, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this second application filed under Section 439 of the Cr.P.C. with a liberty to renew his prayer after recording the statement of the substantial prosecution witnesses before the trial Court.
Prayer is allowed.
Accordingly, this second application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6108/2018x (Sheru Vs. State of M.P.) Indore dated :20/03/2018 Shri Himanshu Thakur, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this second application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this second application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7586/2018x Indore dated :20/03/2018 Shri Rakesh Sharma, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor further prays for time to file FSL report with regard to liquor seized from the possession of the applicant.
By way of indulgence prayer is allowed. List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8027/2018x (Champalal Vs. State of M.P.) Indore dated :20/03/2018 Shri Zishan Ali, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this first application filed under Section 439 of the Cr.P.C. with a liberty to renew his prayer after recording the statement of the prosecutrix before the trial Court.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8418/2018x Indore dated :20/03/2018 Shri Gajendra Singh, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9752/2018x (Shekhar Vs. State of M.P.) Indore dated :20/03/2018 Shri Surendra Gupta, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this first application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 1213/2018x Indore dated :20/03/2018 None for the applicant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Let record of the Courts' below be called for. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9933/2018x Indore dated :20/03/2018 Shri Sanjay Sharma, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10754/2018x (Nandlkishore Vs. State of M.P.) Indore dated :20/03/2018 Shri Sanjay Sharma, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this first application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1313/2017x Indore dated :19/03/2018 Shri R.S. Parmar, learned counsel for the appellant. Shri Hemant Sharma, learned Govt. Advocate for the respondents/State.
Heard learned counsel for the parties on IA No. 1872/2018, an application for grant of temporary bail to the appellant-Ramswaroop Dangi.
At this stage learned counsel for the appellant seeks leave of this Court to withdraw IA No. 1872/2018.
Pryaer is allowed.
Accordingly, IA No. 1872/2018 is dismissed as withdrawn. List the matter after three weeks for consideration of IA No. 6821/2017, an application 389(1) of the Cr.P.C. for suspension of jail sentence and for grant of bail to the appellant-Ramswaroop.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.185/2011x Indore dated :19/03/2018 None for the appellants.
Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the appellants, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1353/2016x Indore dated :19/03/2018 None for the parties.
In absence of the learned counsel for the parties, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.803/2018x Indore dated :19/03/2018 None for the applicants.
Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Applicants are directed to cure the defects pointed out by the office within 1 weeks from today, failing which this petition shall stands dismissed without further reference to this Court.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.897/2018x Indore dated :19/03/2018 None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Applicant is directed to cure the defects pointed out by the office within 1 weeks from today, failing which this petition shall stands dismissed without further reference to this Court.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1022/2018x Indore dated :19/03/2018 None for the parties.
In absence of the learned counsel for the parties, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1161/2018 x Indore dated :19/03/2018 None for the applicants.
Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the applicants, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1169/2018x Indore dated :19/03/2018 None for the applicant.
Applicant is directed to cure the defect pointed out by the office within 1 weeks from today, failing which this petition shall stands dismissed without further reference to this Court.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1938/2018x Indore dated :19/03/2018 None for the appellant.
Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the appellant, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9365/2018x Indore dated :19/03/2018 Shri S.K. Golwalkar, learned counsel for the applicant. Learned counsel for the applicant prays for and is granted a weeks time to cure the defect pointed out by the Office.
List thereafter .
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 691/2015x Indore dated :19/03/2018 Shri Manish Joshi, learned counsel for the applicant. None for the respondent.
Learned counsel for the applicant is directed to comply with order dated 26/04/2017 passed by this Court by the next date of hearing postively.
List on 04/04/2018 .
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 639/2015x Indore dated :19/03/2018 Shri Ranjeet Kalra, learned counsel for the applicant. Shri Manish Joshi, learned counsel for the respondent. Learned counsel for the applicant is directed to comply with order dated 26/04/2017 passed by this Court by the next date of hearing postively.
List on 04/04/2018 .
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 11331/2015x Indore dated :19/03/2018 None for the applicants.
Shri Hemant Sharma, learned Govt. Advocate for the respondent No.1/State.
Shri S.K. Golwalkar, learned counsel for the respondent No.2. At the request of learned counsel for the respondent No.2, list on 04/04/2018 (S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 163/2016x Indore dated :19/03/2018 None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the respondent No.1/State.
Shri S.K. Golwalkar, learned counsel for the respondent No.2. At the request of learned counsel for the respondent No.2, list on 04/04/2018 (S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.363/2018x (Joy Bamiya Vs. State of M.P.) Indore dated :16/03/2018 Shri Jil Sharma, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this revision petition.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn. However, if the applicant is moved fresh application by showing change of circumstances before the Juvenile Justice Board, then same shall be considered in accordance with law.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 9710/2017x Indore dated :19/03/2018 Shri A. Joshi, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
At the request of learned counsel for the applicant, list in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 9779/2017x Indore dated :19/03/2018 Shri Bhaskar Agrawal, learned counsel for the applicants. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
At the request of learned counsel for the applicants, list in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1199/2018x Indore dated :19/03/2018 Shri Arun Gupta, learned counsel for the applicant. Respondent No.1- Vaishali Raipuriya is present in person before this Court.
Shri Hemant, learned Public Prosecutor for the respondent No.2 /State.
This Criminal Revision is preferred under Sections 397 and 401 of Cr.P.C. against judgment dated 08/03/2018 passed by IInd Additional Sessions Judge, Barwani District- Barwani in Criminal Appeal No.101/2017 confirming the judgment of conviction and sentence dated 29/05/2017 passed by Judicial Magistrate First Class, Barwani, District Barwani in Criminal Case No. 01/2016, whereby the applicant has been convicted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and he has been sentenced to undergo one years rigorous imprisonment with compensation of Rs.5,50,000/-.
Heard on I.A. No.1811/2018, an application under Section 397 (1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of the applicant-Rajkumar.
Learned counsel for the applicant has submitted that the applicant has already paid the entire compensation amount to the respondent No.1/complainant-Vaishali Raipuriya on 12/03/2018 and she has sworned the affidavit in this regard. It is further submitted that the applicant was on bail during the trial and the liberty so granted was not misused by him. There is no possibility of the revision coming up for final hearing in near future and hence, the applicant may be benefited by suspension of sentence.
Learned Public Prosecutor for the respondent/State opposes the submissions made by the learned counsel for the petitioner and prays for rejection of the application.
Respondent No.1/complainant submits that she has no objection if the application for suspension of jail sentence and for grant of bail to the applicant is allowed.
In view of the above, awaiting admission, this Court is of the opinion that the application I.A.No.1811/2018 deserves to be and is allowed and it is directed that the execution of the remaining sentence awarded to the applicant shall remain suspended during the pendency of this revision petition and he shall be released on bail subject to depositing compensation amount and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before this Court on 18.5.2018 and on all such subsequent dates, which are fixed in this regard by the Registry.
List the revision on the question of admission after four weeks. Certified copy, as per rules.
(S. K. AWASTHI) JUDGE skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.756/2018x Indore dated :19/03/2018 Smt. Sharmila Sharma, learned counsel for the applicant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary on next date of hearing alongwith report of Probation Officer, failing which the concerned Official shall remain present before this Court to explain the reasons which prevented him to produce case-diary and report.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.3142/2017x Indore dated :19/03/2018 Shri Manish Joshi, learned counsel for the applicant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondents/State.
Heard learned counsel for the parties on IA No. 1820/2018, an application under Section 389(2) of the Cr.P.C. for suspension of sentence and for grant of bail to applicant-Wasim.
After arguing at length on the merits of the case, learned counsel for the applicant seeks leave of this Court to withdraw IA No. 1820/2018.
Pryaer is allowed.
Accordingly, IA No. 1820/2018 is dismissed as withdrawn.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1802/2017x Indore dated :19/03/2018 Shri A.K. Sethi, learned Senior Counsel with Shri Harish Joshi, learned counsel for the appellant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Learned counsel for the appellant submits that reply of IA No. 9085/2017 is ready and he filed the same during the course of the day.
List on 21/03/2018 for consideration of IA No. 9085/2017.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 115/2018x Indore dated :19/03/2018 Shri Jitendra Bajpai, learned counsel for the appellant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
As prayed by the learned counsel for the appellant, list after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 5468/2017x Indore dated :19/03/2018 Shri Sanjay Sharma, learned counsel for the appellant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor prays for and is granted two weeks' time to file the reply of IA No. 1819/2018, an application under Section 389(1) of the Cr.P.C. for suspension of jail sentence and for grant of bail to appellant-Shyamlal @ Shyam.
List thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.3764/2017x Indore dated :19/03/2018 Shri Puyush Jain, learned counsel for the applicant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondents/State.
Heard learned counsel for the parties on IA No. 24732/2017, an application under Section 397(1) of the Cr.P.C. for suspension of sentence and for grant of bail to applicant-Prashant Soni.
After arguing at length on the merits of the case, learned counsel for the applicant seeks leave of this Court to withdraw IA No. 24732/2017.
Pryaer is allowed.
Accordingly, IA No. 24732/2017 is dismissed as withdrawn.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 1197/2018x Indore dated :19/03/2018 Shri Shashank Shrivastava, learned counsel for the appellant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted a week's time to file appropriate application for amendment in the aray of IA No. 1806/2018.
List after a week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 2042/2018x Indore dated :19/03/2018 Shri Yogesh Kumar Gupta, learned counsel for the appellant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Let record of the Court below be called for. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10790/2018x Indore dated :19/03/2018 Shri Ravi Sagre, learned counsel for the applicant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for time on the ground that arguing counsel is not available today due to some personal difficulties.
Prayer is allowed.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6710/2018x (Firoz & Ors. Vs. State of M.P.) Indore dated :19/03/2018 Mrs. Swati Sharma, learned counsel for the applicants. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent /State.
Shri N.J. Dave, learned counsel for the complainant/objector. After arguing at length on the merit of the case, learned counsel for the applicants seeks permission of this Court to withdraw this first bail application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first bail application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6765/2018x Indore dated :19/03/2018 Shri A.K. Saxena, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary of Crime Nos. 239/2017 and 240/2017 registered at Police- Station-Jharda, District-Ujjain by next date of hearing positively, failing which concerned SHO shall remain present before this Court to explain the reasons which prevented him to produce case-diary.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7051/2018x Indore dated :19/03/2018 Shri Nilesh Joshi, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7330/2018x (Ballabh Vs. State of M.P.) Indore dated :19/03/2018 Shri Manoj Saxena, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent /State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this first bail application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first bail application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7396/2018x Indore dated :19/03/2018 Shri Rakesh Sharma, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7584/2018x (Mahendra Vs. State of M.P.) Indore dated :19/03/2018 Shri Devendra Singh, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent /State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this fourth bail application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this fourth bail application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7669/2018x Indore dated :19/03/2018 Shri Anurag Vyas, learned counsel for the applicants. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. In the present cae the applicants/accused persons are in jail since 11/02/2017. However, from the perusal of the order-sheets of the trial Court, it appears that accused persons are not being produced before the Court from the jail on the dates of hearing.
Let report be called from the Additional Sessions Judge, Badnawar District-Dhar that what efforts have been made to secure the presence of the accused persons from the jail and ensure the presence of prosecution witnesses.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7685/2018x Indore dated :19/03/2018 Shri Apurv Jain, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7769/2018x Indore dated :19/03/2018 Shri Vivek Singh, learned counsel for the applicants. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Ms. Sonali Gupta, learned counsel for the complainant/objector. Learned Public Prosecutor prays for and is granted a weeks time to comply with order dated 07/03/2018.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7804/2018x (Fatehsingh @ Raju Vs. State of M.P.) Indore dated :19/03/2018 Shri Bhagwan Singh, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent /State.
Learned counsel for the applicant does not wish to press this first bail application filed under Section 439 of the Cr.P.C.
Accordingly, this first bail application is dismissed as not pressed.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.795/2016x Indore dated :16/03/2018 Shri Vivek Singh, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned counsel for the appellant prays for and is granted time to argue on IA No. 1067/2018.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 811/2016 Indore dated :16/03/2018 None for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the appellants, the case is adjourned.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 1343/2016 Indore dated :16/03/2018 None for the appellant.
Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the appellants, the case is adjourned.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 583/2017 Indore dated :16/03/2018 None for the appellants.
Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the appellants, the case is adjourned.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1758/2017 (Heeralal @ Heeru Vs. State of M.P.) Indore dated :16/03/2018 Shri Piyush Dubey, learned counsel for the appellant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State.
Heard learned counsel for the parties on IA No. 8904/2017, an application filed under Section 389(1) of the Cr.P.C. moved on behalf of appellant-Heeralal @ Heeru for suspension of jail sentence and for grant of bail.
After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this application.
Prayer is allowed.
Accordingly, IA No.8904/2017 is dismissed as withdrawn . List the appeal for final hearing in due course.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7649/2018x (Pappu @ Akash Vs. State of M.P.) Indore dated :16/03/2018 Shri N.J. Dave, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent /State.
Mrs. Anita Jain, learned counsel for the complainant/objector. After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this third bail application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this third bail application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8094/2018x Indore dated :16/03/2018 Ms. Bhagyashree Sugandhi, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Let health report of the applicant be called from the Superintendent of Central Jail, Bhopal.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8883/2018x Indore dated :16/03/2018 Shri A.K. Saxena, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8980/2018x Indore dated :16/03/2018 Shri Manish Yadav, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9054/2018x Indore dated :16/03/2018 Shri Gajendra Sharma, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9157/2018x Indore dated :16/03/2018 Shri Surendra Gupta, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9305/2018x Indore dated :16/03/2018 Shri Manish Joshi, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9328/2018x Indore dated :16/03/2018 Shri Ravi Arora, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5394/2018x Indore dated :16/03/2018 Shri Apoorv Joshi, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Heard learned counsel for the applicant on IA No. 1620/2018, an application for converting the application filed under Section 439 of the Cr.P.C. into Criminal Appeal under Section 14(A)(2) of the SC/ST (PA) Act, 1989.
On due consideration IA No. 1620/2018 is allowed. Learned counsel for the applicant is directed to make out necessary corrections in the cause title within 3 working days.
Office is directed to register this M.Cr.C. into Criminal Appeal. Accordingly, M.Cr.C. No. 5394/2018 stands disposed of.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10301/2018x Indore dated :16/03/2018 Shri V.K. Markan, learned counsel for the applicants. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Learned counsel for the applicant prays for and is granted a week's time to produce complainant before this Court and for filed his affidavit.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8732/2018x Indore dated :16/03/2018 Shri I. Ansari, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10233/2018x Indore dated :16/03/2018 Shri Anshul Shrivastava, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10239/2018x Indore dated :16/03/2018 Shri Tarun Kushwaha, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9176/2018x Indore dated :16/03/2018 Shri Ashutosh Surana, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is available.
Learned counsel for the applicant prays for and is granted a weeks time to correct the Crime No. in memo of petition.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10281/2018x Indore dated :16/03/2018 Shri Jagdish Dangi, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is available.
Learned counsel for the applicant prays for and is granted a weeks time file necessary documents.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10289/2018x Indore dated :16/03/2018 Shri S.K. Meena, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is available.
Learned counsel for the applicant prays for and is granted a weeks time to argue the matter.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10302/2018x (Rahul Vs. State of M.P.) Indore dated :16/03/2018 Shri S.K. Meena, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent /State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this first bail application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this first bail application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10346/2018x (Praveen Vs. State of M.P.) Indore dated :16/03/2018 Shri K.P. Pande, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this petition filed under Section 439 of the Cr.P.C. with a liberty to renew his prayer after recording the statement of the material prosecution witnesses before the trial Court.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10383/2018x Indore dated :16/03/2018 Shri O.P. Solanki, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Learned counsel for the applicant prays for and is granted a weeks time to argue the matter.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10393/2018x Indore dated :16/03/2018 None for the applicant.
Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10424/2018x Indore dated :16/03/2018 Shri Sunil Gupta, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10437/2018 Indore dated :16/03/2018 Shri S.K. Sahu, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10457/2018x Indore dated :16/03/2018 None for the applicant.
Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9996/2018x Indore dated :16/03/2018 Shri Hemant Purohit, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 9380/2018x Indore dated :16/03/2018 Shri Ankit Khare, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Learned counsel for the applicant prays for and is granted two weeks time to argue the matter.
Let record of the Court below be called for. List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 2053/2018x Indore dated :16/03/2018 Shri M.R. Sheikh, learned counsel for the appellant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Let record of the Court below be called for. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 689/2018x Indore dated :14/03/2018 Shri Arpit Kumar Oswal, learned counsel for the applicants. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Let record of the Courts' below be called for. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10043/2018x (Shekhar Vs. Smt. Amita & Ors) Indore dated : 13/03/2018 Shri Vinod Ameriya, learned counsel for the applicant. Heard.
The applicant has filed the instant petition under Section 482 of the Code of Criminal Procedure, 1973 against order dated 27/02/2018 passed by Principal Judge, Family Court, Indore in M.Cr.C. No. 423/2015, whereby his right to produce evidence has been closed.
2. Learned counsel for the applicant submitted that the respondent has filed an application under Section 127 of the Cr.P.C. before the Principal Judge, Family Court, Indore for enhancement of maintenance amount. The case is pending for enquiry of the said application, wherein respondents alleged that the applicant is involved in the business of laundry and by this he is getting sufficient amount. Whereas the applicant contended that he is in private job and he is earning only Rs.4,500/-per month and he is not having any laundry business. To substantiate the fact that at present he is not conducting any business of laundry, he wanted to produce the evidence of Officer In-charge of License Branch, Municipal Corporation Indore. However, he did not turn up even after the service of notice, therefore, a bailable warrant was issued against him for securing his presence. But despite of issuance of bailable warrant he did not appear in the Court. The aforesaid witness is working in Semi Govt. Body, therefore, the applicant is unable to bring him and produce before the Court.
3. Learned counsel for the applicant submits that on 27/02/2018 the case was fixed for recording the evidence of aforesaid witness, but due to oversight, he could not pay the process-fee, therefore, on the aforesaid date, the witness was not present and due to his single default, the trial Court has closed his right to produce the evidence and fixed the matter for final arguments. Due to this he has been deprived to produce his evidence. The impugned order is contrary to the principle of natural justice. Hence, he prayed for setting aside of the impugned order and directing the trial Court to give him one opportunity to produce his evidence.
4. After hearing learned counsel for the applicant and considering the facts and circumstances of the case, the impugned order is hereby set-aside and this petition is disposed of with the direction that the trial Court shall provide the applicant an opportunity to produce the aforesaid witness.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6640/2017x Indore dated :14/03/2018 Shri Neelesh Agrawal, learned counsel for the applicant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6577/2017x Indore dated :14/03/2018 Shri Neelesh Agrawal, learned counsel for the applicant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6348/2017x Indore dated :14/03/2018 Shri Neelesh Agrawal, learned counsel for the applicant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 5537/2017x Indore dated :14/03/2018 None for the parties.
In absence of the learned counsel for the parties, the case is adjourned.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6339/2017x Indore dated :14/03/2018 Shri Neelesh Agrawal, learned counsel for the applicant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6627/2017x Indore dated :14/03/2018 Shri Ramesh Gangare, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent No.1/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8465/2018x (Vinod Bargunda Vs. State of M.P.) Indore dated :14/03/2018 Shri Manish Manana, learned counsel for the applicant. Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this petition filed under Section 439 of the Cr.P.C. with a liberty to renew his prayer after recording the statement of the injured-Jyoti before the trial Court.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.839/2013x Indore dated :14/03/2018 Shri R.N. Gupta, learned counsel for the appellant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. List alongwith Cr.A. No. 577/2017.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.577/2017x Indore dated :14/03/2018 Shri Anand Bhatt, learned counsel for the appellant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Learned Public Prosecutor further prays for and is granted two weeks time to file the reply of IA No. 6980/2017, an application under Section 389(1) of the Cr.P.C. moved on behalf of appellant- Mayur, for suspension of jail sentence and for grant of bail.
List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5821/2017x Indore dated :14/03/2018 None for the appellant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. In absence of the learned counsel for the appellant, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.386/2018x Indore dated :14/03/2018 None for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Let record of the court below be requisitioned. List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.905/2018x Indore dated :14/03/2018 Shri Mahesh Kumar Sharma, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Let record of the courts below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5970/2018x Indore dated :14/03/2018 Shri Mahesh Kumar Sharma, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.29139/2017x Indore dated :14/03/2018 Shri S.K. Meena, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.28430/2017x Indore dated :14/03/2018 Shri S. Tenguriya, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondents/State.
Learned counsel for the applicant further prays for two weeks' time to file the certified copy of the prosecutrix statement recorded before the trial Court.
By way of last indulgence the prayer is allowed. List in the week commencing 02/04/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.25705/2017x Indore dated :14/03/2018 Shri P.K. Shukla alongwith Shri M.S. Chouhan, learned counsel for the applicant.
Ms. Nidhi Bohra, learned Govt. Advocate for the respondents/State.
Let current status report of the trial be called from the concerned trial Court.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9956/2018x (Narsingh & Ors. Vs. State of M.P.) Indore dated :14/03/2018 Shri R.R. Bhatnagar, learned counsel for the applicant. Ms. Nidhi Bohra, learned Govt. Advocate for the respondent /State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this second bail application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this second bail application is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10707/2017x Indore dated :13/03/2018 None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the applicant, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.1460/2018x Indore dated :13/03/2018 Shri P.K. Shukla alongwith Shri M.S. Chouhan, learned counsel for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor is directed to call for the criminal antecedents of the applicant from the concerning S.P. of Shivpuri and Guna.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5300/2018x (Anil Kushwaha Vs. State of M.P.) Indore dated :13/03/2018 Shri Manish Vijayvargiya, learned counsel for the applicant. Shri Virendra Khadav, learned Govt. Advocate for the respondent /State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this petition filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4278/2016x Indore dated :13/03/2018 Shri Manoj Saxena, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9047/2016x Indore dated :13/03/2018 None for the applicants, even in the second round. Shri Hemant Sharma, learned Govt. Advocate for the respondent No.1/State.
Earlier also on 16/08/2017 and 24/07/2017, no one appeared on behalf of the applicants, which shows that the applicants are no longer interested in prosecuting this petition filed under Section 482 of the Code of Criminal Procedure. Hence, this petition is dismissed for want of prosecution.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1287/2018x Indore dated :13/03/2018 Shri Harshvardhan Pathak, learned counsel for the appellant. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1560/2018x Indore dated :13/03/2018 Shri Romil Malpani, learned counsel for the appellant. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 483/2011x Indore dated : 13/03/2018 Shri Manish Joshi, learned counsel for the appellant. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Appellant- Asharam is present in person and he has been duly identified by his counsel. His presence is marked.
Heard learned counsel for the parties on IA No. 963/2018, an application for condonation of non-appearance of appellant on 13/09/2017 before the registry of this Court.
For the reasons assigned in the application, which is supported with the affidavit, sufficient ground is made out to condone the non- appearance of appellant-Asharam on 13/09/2017 before this Court.
Accordingly, IA No.963/2018 is allowed and non-appearance of appellant- Asharam before this Court on 13/09/2017 is hereby condoned.
Appellant- Asharam is directed to appear before the Office of this Court on 19/04/2018 and on all other subsequent dates as may be fixed by the Office.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.706/2018x Indore dated :13/03/2018 Shri Amit Raval, learned counsel for the applicant. On payment of process-fee within three working days, let notice be issued to respondent by ordinary as well as by registered AD mode. Notice be made returnable within three weeks.
List thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3393/2018x Indore dated :13/03/2018 Ms. Pooja Jain, learned counsel for the applicant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent /State.
Heard learned counsel for the parties on IA No. 1154/2018, an application for amendment in the array of applicant's name.
On due consideration IA No. 1154/2018 is allowed. Applicant is directed to carry out necessary amendments in the memo of petition within three working days.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3610/2018x Indore dated :13/03/2018 Shri Rahul Sharma, learned counsel for the applicant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent /State.
Heard learned counsel for the parties on IA No. 1372/2018, an application for impleading complainant as respondent No.2 in the matter.
On due consideration IA No. 1372/2018 is allowed. Applicant is directed to carry out necessary amendments in the memo of petition within three working days.
Thereafter, on payment of process-fee within 7 working days, let notice be issued to respondent No.2 by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.
List thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.806/2015x (Charan Vs. State of M.P.) Indore dated :13/03/2018 Shri Manoj Saxena, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Heard learned counsel for the parties on IA No. 19170/2017, an application filed under Section 389(1) of the Cr.P.C. moved on behalf of appellant-Charan for suspension of jail sentence and for grant of bail.
After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this application.
Prayer is allowed.
Accordingly, IA No.19170/2017 is dismissed as withdrawn . List the appeal for final hearing in due course alongwith Cr.A. No. 757/2015.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.757/2015x (Bhura Gurjar Vs. State of M.P.) Indore dated :13/03/2018 Shri Dharmendra Keharwar, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Heard learned counsel for the parties on IA No. 25555/2017, an application filed under Section 389(1) of the Cr.P.C. moved on behalf of appellant-Bhura Gurjar for suspension of jail sentence and for grant of bail.
After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this application.
Prayer is allowed.
Accordingly, IA No.25555/2017 is dismissed as withdrawn . List alongwith Cr.A. No. 806/2015.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.322/2016x Indore dated :13/03/2018 Shri Rajesh Yadav, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
List after four weeks alongwith Cr.A. No. 194/2016 for analogous hearing.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.194/2016x Indore dated :13/03/2018 Shri Rajesh Yadav, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor further prays for and is granted two weeks time to file the reply of IA No. 2206/2017, an application under Section 389(1) of the Cr.P.C. moved on behalf of appellant- Sanju @ Sanjay, for suspension of jail sentence and for grant of bail.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.339/2016x Indore dated :13/03/2018 Shri Shailendra Mishra, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Heard learned counsel for the parties on IA No. 732/2018, an application under Section 303 of the Cr.P.C. for change of counsel.
On due consideration, IA No. 732/2018 is allowed. Shri Shailendra Mishra and his associates are permitted to represent appellant-Barka.
Office is directed to reflect the name of Shri Shailendra Mishra & his associates in the cause-list on behalf of appellant-Barka.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1053/2016x Indore dated :13/03/2018 None for the appellant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the appellant, the case is adjourned.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.488/2017x Indore dated :13/03/2018 Shri R.K. Gupta, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor prays for and is granted two weeks time to file the reply of IA No. 1468/2018, an application under Section 389(1) of the Cr.P.C. moved on behalf of appellant Sunil Borasi, for suspension of jail sentence and for grant of bail.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.808/2017x Indore dated :13/03/2018 Shri H.C. Tripathi, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor prays for and is granted two weeks time to file the reply of IA No. 4224/2017, an application under Section 389(1) of the Cr.P.C. moved on behalf of appellant Bhimji, for suspension of jail sentence and for grant of bail.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.955/2017x Indore dated :13/03/2018 Shri Bharat Yadav, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor prays for and is granted two weeks time to file the reply of IA No. 4147/2017, an application under Section 389(1) of the Cr.P.C. moved on behalf of appellant Mangal Rathore, for suspension of jail sentence and for grant of bail.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. 1705/2017x Indore dated :13/03/2018 Shri Rajesh Yadav, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondents/State.
List the appeal alongwith Cr.A. No. 5669/2017 for analogous hearing.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. 5669/2017x Indore dated :13/03/2018 Shri Ravi Sagre, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondents/State.
Heard learned counsel for the parties on IA No. 162/2018, an application under Section 5 of the Limitation Act for condonation of delay of 13 days in filing this appeal.
Learned counsel for the appellant submits that the appellant was in jail, therefore, he could not file this appeal within the prescribed time period.
On due consideration of the reasons assigned in the application, which is supported with affidavit, sufficient ground is made out to condone the delay.
Accordingly, IA No. 162/2018 is allowed and delay of 13 days in filing this appeal is hereby condoned.
List the appeal after two weeks alongwith Cr.A. No. 1705/2017 for analogous hearing.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.4388/2017x Indore dated :13/03/2018 Shri Ashish Gupta, learned counsel for the appellant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor prays for and is granted two weeks time to file the reply of IA No. 23924/2017, an application under Section 389(1) of the Cr.P.C. moved on behalf of appellant Ramsingh @ Rama, for suspension of jail sentence and for grant of bail.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5313/2017x Indore dated :13/03/2018 Shri Anshul Shrivastava, learned counsel for the appellant. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5678/2017x Indore dated :13/03/2018 None for the appellant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the appellant, the case is adjourned.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.324/2018x (RajaramVs. State of M.P.) Indore dated :13/03/2018 Shri Vikas Bhatt, learned counsel for the appellant. Shri Vishal Sanothiya, learned Govt. Advocate for the respondent/State.
Heard learned counsel for the parties on IA No. 237/2018, an application filed under Section 389(1) of the Cr.P.C. on behalf of appellant-Rajaram for suspension of jail sentence and for grant of bail.
After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this application.
Prayer is allowed.
Accordingly, IA No. 237/2018 is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8224/2018x (Om Shanti Gas Agency Vs. Neeraj Sethiya) Indore dated : 12/03/2018 Shri Sameer Saxena, learned counsel for the applicant. Heard.
This petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashment of order dated 30/01/2018 passed by the Judicial Magistrate First Class, Khilchipur in Criminal Case R.T. No. 216/2017, by which the application filed by the applicant under Section 91 of the Cr.P.C. for production of documents has been dismissed.
Learned counsel for the applicant submits that he has filed an application under Section 91 of the Cr.P.C. For seeking bank statement of the complainant for last five years from the date of filing of this complaint, bank pass book, income tax return details from 2013 to 2017 and agreement (if made between the parties) for lending the amount of Rs.1,88,000/- to the applicant. But the aforesaid application was rejected by the Courts below on the ground that the respondent has stated that he has already filed all the documents relation to the transaction and now he has not having any document as desired by the applicant.
After hearing learned counsel for the applicant perused the record.
The apex Court held in the case of Krishna Janardhan Bhat Vs. Dattatraya G. Hegde, (2008) 4 SCC 54 and P. Venugopal Vs. Madan P. Sarathi, AIR 2009 SC 568, that intial burden was on the complainant to prove existence of debt and the presumptions provided under Section 139 of the Negotiable Instruments Act does not extended to the extent that the cheque was issued for the discharged of any debt or liability, which is required to be proved by the complainant.
In the light of the aforesaid decisions, this Court has not find any substance in this petition. Accordingly, this petition is dismissed in limine at the motion stage.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7029/2018 Indore dated :12/03/2018 Shri Vismit Panot, learned counsel for the applicant. On payment of process-fee within three working days, let notice be issued to respondent by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.
List thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7340/2018x Indore dated :12/03/2018 Shri P.N. Saxena, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent No.1/State.
Learned counsel for the applicant prays for and is granted two weeks' time to argue the matter.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8150/2018x Indore dated :12/03/2018 None for the applicant.
Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent No.2/State.
In absence of the learned counsel for the applicant, the case is adjourned.
List after two weeks weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8756/2018x Indore dated :12/03/2018 None for the applicants.
Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the applicants, the case is adjourned.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8759/2018x Indore dated :12/03/2018 Mrs. Mamta Shandilya, learned Govt. Advocate for the applicant/State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8760/2018x Indore dated :12/03/2018 Mrs. Mamta Shandilya, learned Govt. Advocate for the applicant/State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8908/2018x Indore dated :12/03/2018 Shri Anil Ojha, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted a weeks time to file the entire copy of charge-sheet.
List thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8935/2018x Indore dated :12/03/2018 Ms. Indu Rajguru, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent No.1/State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9017/2018x Indore dated :12/03/2018 Mrs. Mamta Shandilya, learned Govt. Advocate for the applicant/State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9025/2018x Indore dated :12/03/2018 Mrs. Mamta Shandilya, learned Govt. Advocate for the applicant/State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9128/2018x Indore dated :12/03/2018 Mrs. Mamta Shandilya, learned Govt. Advocate for the applicant/State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9164/2018x (Swapnadeep Vs. State of M.P.) Indore dated :12/03/2018 Shri Harshvardhan Pathak, learned counsel for the applicant. Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this petition filed under Section 482 of the Cr.P.C. with a liberty to renew after filing of the charge-sheet.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1065/2018x Indore dated :12/03/2018 None for the applicant.
In absence of the learned counsel for the applicant, the case is adjourned.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9857/2018x Indore dated :12/03/2018 None for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent No.2/State.
In absence of the learned counsel for the applicant, the case is adjourned.
List after three weeks. .
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1412/2016x Indore dated :12/03/2018 None for the applicant.
Shri Harshvardhan Pathak, learned counsel for the respondent Nos. 2 & 4.
Shri Yogesh Gupta, learned counsel for the respondent Nos. 3. Shri Rajesh Mali, learned Govt. Advocate for the respondent No.5/State.
In absence of the learned counsel for the applicant, the case is adjourned.
List after two weeks. .
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1464/2016x Indore dated :12/03/2018 Shri K.P. Pande, learned counsel for the applicant. None for the respondent, though duly served. Learned counsel for the applicant prays for and is granted time to argue the matter.
List after after a week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.12845/2016x Indore dated :12/03/2018 Shri Rajesh Yadav, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Learned counsel for the applicant prays for and is granted time to argue the matter.
List after after a week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.419/2017x Indore dated :12/03/2018 Shri N.J. Dave, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Learned counsel for the applicant submits that the applicant has already been acquitted by the trial Court, therefore, this revision petition has become rendered infructuous.
In view of the aforesaid, this petition is dismissed as having been rendered infructuous.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3560/2017x Indore dated :12/03/2018 None for the applicants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. In absence of the learned counsel for the applicants, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10266/2017x Indore dated :12/03/2018 Shri Anil Ojha, learned counsel for the applicants. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.816/2018x Indore dated :12/03/2018 Shri R.S. Parmar, learned counsel for the applicant. Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. Case-diary is not available. Learned Public Prosecutor is directed to make available case-diary by next date of hearing positively.
Meanwhile learned counsel for the applicant is at liberty to file the entire copy of the charge-sheet.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 4817/2018x Indore dated :12/03/2018 None for the applicant.
In absence of the learned counsel for the applicant, the case is adjourned.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 5192/2018x Indore dated :12/03/2018 None for the applicants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent No.1/State.
In absence of the learned counsel for the applicants, the case is adjourned.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 5323/2018x Indore dated :12/03/2018 None for the applicant.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. In absence of the learned counsel for the applicant, the case is adjourned.
List after four weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 476/2016 Indore dated :12/03/2018 None for the applicants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent No.5/State.
In absence of the learned counsel for the applicants, the case is adjourned.
List the matter in the week commencing 26th of March, 2018. I.R. to continue till next date of hearing. Certified copy as per rules.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 826/2018x Indore dated :12/03/2018 None for the applicants.
Shri Rajesh Mali, learned Govt. Advocate for the respondent/State. In absence of the learned counsel for the applicants, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.569/2018x Indore dated :12/03/2018 Shri Prasanna R.Bhatnagar, learned counsel for the applicant. Learned counsel for the applicant seeks permission of this Court to withdraw this petition filed under Section 482 of the Cr.P.C.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn. However, the trial Court is directed to give an opportunity of hearing to the applicant before passing any final order.
Certified copy today.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 7319/2018 (Rahul Vs. State of M.P.) Indore dated : 12/03/2018 Shri A.K. Saraswat, learned counsel for the applicant. Shri Virendra Khadav, learned Govt. Advocate for the respondent/State.
After arguing at length, on the merits of the case, learned counsel for the applicant seeks permission of this Court to withdraw this application filed under Section 438 of the Cr.P.C. with liberty to surrender before the trial Court.
Prayer is allowed.
Accordingly, present application is dismissed as withdrawn. However, the applicant is directed to surrender himself before the competent Court and if he is filed any application for regular bail before the competent Court, then it shall be considered as early as possible in accordance with law.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6615/2018x Indore dated :12/03/2018 Shri Nilesh Agrawal, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondents/State.
Learned counsel for the applicant prays for and is granted a weeks time to argue the matter.
List after one week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9433/2018x Indore dated :12/03/2018 None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.4479/2017x Indore dated :07/03/2018 Shri B.L. Yadav, learned counsel for the appellant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
At the request of the learned counsel for the parties, list after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1790/2017x Indore dated :07/03/2018 Shri Virendra Sharma, learned counsel for the appellant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
At the request of the learned counsel for the parties, list after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1088/2015x Indore dated :09/03/2018 Shri R.K. Batham, learned counsel for the applicant. Shri Shyamlal Patidar, learned counsel for the respondent. At the joint request of learned counsel for the parties, list in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. 1648/2018x Indore dated :21/02/2018 Shri A.K. Saxena, learned counsel for the appellant. Shri Virendra Khadav, learned Govt. Advocate for the respondents/State.
Heard learned counsel for the parties on IA No. 1438/2018, an application under Section 5 of the Limitation Act for condonation of delay of 422 days in filing this appeal.
Learned counsel for the appellant submits that the appellant was in jail, therefore, he could not file this appeal within the prescribed time period.
On due consideration of the reasons assigned in the application, which is supported with affidavit, sufficient ground is made out to condone the delay.
Accordingly, IA No. 1438/2018 is allowed and delay of 422 days in filing this appeal is hereby condoned.
List the appeal alongwith Cr.A. No. 1414/2016 for analogous hearing.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1197/2015x Indore dated :09/03/2018 Shri Hemant Sharma, learned counsel for the applicant. None for the respondent.
As per mediation report, parties are not interested for compromise. List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.775/2017x Indore dated :09/03/2018 Shri Manan Dhakad, learned counsel for the appellants. Shri Virendra Khadav, learned Govt. Advocate for the respondent/State.
Office is directed to examine the matter and list before appropriate Bench.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.2035/2017x (Vishal Vs. Ku. Anjali & Ors.) Indore dated :09/03/2018 Shri Sanjay Kumar Saini, learned counsel for the applicant. Shri Vikas Meena, learned counsel for the respondent Nos. 1 and
2. Shri Virendra Khadav, learned Govt. Advocate for the respondent No.3/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this petition filed under Section 482 of the Cr.P.C.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn .
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9188/2017x Indore dated :09/03/2018 Shri Bharat Yadav, learned counsel for the applicant. Shri Virendra Khadav, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant submits that he has already cured the defects pointed out by the Office.
Office is directed to examine and proceed further.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3063/2018x Indore dated :09/03/2018 Shri N. L. Tiwari, learned counsel for the applicant. Shri Virendra Khadav, learned Govt. Advocate for the respondent/State.
At the request of the learned counsel for the applicant, the case is adjourned.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.949/2018x Indore dated :09/03/2018 None for the applicant.
Shri Virendra Khadav, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the applicant, the case is adjourned.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.974/2018x Indore dated :09/03/2018 Shri Manan Dhakad, learned counsel for the applicant. Shri Virendra Khadav, learned Govt. Advocate for the respondent/State.
Let record of the courts' below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.466/2018x (Anil Vs. State of M.P.) Indore dated :09/03/2018 Shri Abhishek Gupta, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Heard learned counsel for the parties on IA No. 677/2018, an application filed under Section 397(1) of the Cr.P.C. moved on behalf of applicant-Anil for suspension of jail sentence and for grant of bail.
After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this application.
Prayer is allowed.
Accordingly, IA No. 677/2018 is dismissed as withdrawn . Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.828/2018x (Raja Vs. State of M.P.) Indore, Dated:09/03/2018 Shri Shyam Patidar, learned counsel for the appellant. Shri Swapnil Sharma, learned Counsel for the respondent/State . Heard on the question of admission. Appeal is admitted for final hearing. Also Heard learned counsel for the parties on I.A. No.650/2018- an application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellant-Raja Mankar.
The appellant has been found guilty for offence under Sections 450, 376(1) and 506(II) of the IPC and has respectively been sentenced to undergo 5 years R.I.; 7 years R.I. And 1 years R.I. and to pay fine of Rs. 2,000/-, Rs.3,000/- and Rs.1,000/- with usual default stipulation.
It is submitted by the learned counsel for the appellant that the appellant was on bail during trial and did not misuse the liberty so granted to him. It is also submitted that the prosecutrix is a major lady and as per MLC report no internal or external injuries were found on her body. From the statement of the prosecutrix and her husband, it reveals that the prosecutrix is a consenting party. There are fair chances of success of this appeal . The appellant cannot be kept in custody unnecessarily otherwise the appeal filed by him may render infructuous. The appellant is ready to deposit the fine amount before the Trial Court. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
Learned counsel for the appellants prays for rejection of the application.
Considering the submissions made on behalf of the appellants and facts and circumstances of the case, it would be appropriate to suspended the jail sentence of the appellant.
Accordingly, I.A. No. 650/2018 is allowed and it is directed that subject to deposit of fine amount and on furnishing personal bond by the appellant-Raja Mankar in the sum of Rs.75,000/- (Rupees Seventy Five thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 18/05/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1438/2018x Indore dated :09/03/2018 Shri Kushal Goyal, learned counsel for the appellant. Shri Swapnil Sharma, learned Govt. Advocate for the respondent/State.
At the request of learned counsel for the appellant, the case is adjourned.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7357/2018x Indore dated :09/03/2018 None for the applicant.
Shri Swapnil Sharma, learned Govt. Advocate for the respondent/State.
In absence of the learned counsel for the applicant, the case is adjourned.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7695/2018x Indore dated :09/03/2018 Shri Swapnil Sharma, learned Govt. Advocate for the applicant/State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8279/2018x Indore dated :09/03/2018 Shri Sunil Verma, learned counsel for the applicant. Shri Swapnil Sharma, learned Govt. Advocate for the respondent No.1/State.
On payment of process-fee within three working days, let notice be issued to respondent No.2 on admission and IA No. 1416/2018, an application for staying the proceedings of the trial Court by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.
List thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.847/2018x Indore dated :09/03/2018 Shri N.J. Dave, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted 10 days time to file the entire copy of the charge-sheet.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.966/2018x Indore dated :09/03/2018 Shri Santosh Panoriya, learned counsel for the appellant. On payment of process-fee within three working days, let notice be issued to respondent by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.
List thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1755/2018x Indore dated :09/03/2018 Shri Navendu Joshi, learned counsel for the appellants. Shri Hemant Sharma, learned Govt. Advocate for the respondent /State.
Let record of the court below be requisitioned. List immediately after receipt of the record.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8139/2018x Indore dated :09/03/2018 None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the respondent No.1/State.
In absence of the learned counsel for the applicant, the case is adjourned.
List after three weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9215/2018x Indore dated :09/03/2018 Shri Vinod Ameriya, learned counsel for the applicants. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicants prays for and is granted a weeks time to move an appropriate application for impleading complainant as respondent No.2 in the matter.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9313/2018x (Mahesh @ Antim Vs. State of M.P.) Indore dated :09/03/2018 Shri M.L. Patidar, learned counsel for the applicant. Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this petition with a liberty to renew his prayer after recording the statement of the substantial prosecution witnesses before the trial Court.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9250/2018x Indore dated :09/03/2018 Shri D.S. Rathore, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9243/2018x Indore dated :09/03/2018 Shri Himanshu Thakur, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9211/2018x Indore dated :09/03/2018 Shri Deepak Sharma, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9328/2018x Indore dated :09/03/2018 Shri Rajesh Yadav, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.24944/2017x Indore dated :09/03/2018 Shri G.P. Singh, learned counsel for the applicant. Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted one weeks time to argue the matter.
Be listed in the week commencing 19/03/2018.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.3256/2018x Indore dated :09/03/2018 Shri G.P. Singh, learned counsel for the applicant. Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted one weeks time to argue the matter.
Be listed in the week commencing 19/03/2018.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6116/2018x Indore dated :09/03/2018 Shri Asif Warsi, learned counsel for the applicant. Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted two weeks' time to file the copy of order-sheets of the trial Court.
List after two weeks.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7013/2018x (Rakesh Vs. State of M.P.) Indore dated :09/03/2018 Shri S.K. Mehra, learned counsel for the applicant. Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
After arguing at length on the merit of the case, learned counsel for the applicant seeks permission of this Court to withdraw this petition with a liberty to renew his prayer after recording the statement of the prosecutrix before the trial Court.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty.
Certified copy as per rules.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.1024/2017 Indore, dated :07/03/2018 Shri A.K. Saraswat, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
This is Criminal Revision under Section 397/401 of Code of Criminal Procedure, 1973 (for short 'the Code') is filed against the order dated 24/09/2016 passed by Special Judge under NDPS Act, Neemuch District-Neemuch in Special S.T. No. 25/2012, whereby charges for offence under Sections 8/18(B) read with Section 29 of the N.D.P.S. Act, 1985 has been framed against applicant-Kanhaiyalal.
Heard learned counsel for the parties on IA No. 8460/2017, an application under Section 5 of the Limitation Act for condonation of delay of 230 days in preferring this revision petition.
Learned counsel for the applicant submits that the applicant is an illiterate person and there is no male member in his family, who can contact the lawyer at Indore. Therefore, his cousin brother approached the lawyer at Indore and after taking certified copy of the proceedings and charges, filed this criminal revision against the impugned order. Affidavit has also been filed in support of this application.
Learned Public Prosecutor opposed the application and prayed for its rejection.
From the perusal of revision petition, it appears that the applicant Kanhaiyalal, himself is a male member of aged about 36 years, therefore, it cannot be said that due to non-availability of male family members in his family, he could not contact his lawyer at Indore. Neither the applicant has disclosed name of his cousin brother in the application nor any affidavit of him has been filed in support of the contents made in the application.
Under these circumstances, the applicant has failed to make out sufficient ground for condoning the huge delay of 230 days in preferring this revision petition. Hence, IA No. 8460/2017 is dismissed. Consequently, this revision petition is also hereby dismissed as time barred.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.27487/2017x Indore dated :07/03/2018 Shri Ashish Sharma, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondents/State.
Shri A.K. Saraswat, learned counsel for the complainant/objector. At the request of learned counsel for the parties, the case is adjourned.
Be listed after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.R. No.876/2018x Indore dated :07/03/2018 Ms. Sangita Parsai, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondents/State.
Let record of the Courts' below be called for. On payment of process-fee within 3 working days, let notice be issued to respondent. Notice be made returnable within three weeks.
Be listed thereafter.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.2247/2018x Indore dated :07/03/2018 Shri Virendra Sharma, learned counsel for the applicant. Shri Hemant Sharma, learned Govt. Advocate for the respondents/State.
Learned counsel for the applicant prays for and is granted a week's time to file the copy of all relevant order-sheets of the trial Court.
List after two weeks.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.25888/2017x Indore dated :07/03/2018 None for the applicant.
Shri Hemant Sharma, learned Govt. Advocate for the respondents/State.
Applicant is directed to cure the defect pointed out by the office within 10 days from today, failing which this petition shall stands dismissed without further reference to this Court.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A.No. 1693/2018x Indore dated :07/03/2018 Shri Manish Vijayvargiya, learned counsel for the appellant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary on next date of hearing positively and also to comply with Section 15(A)(3) of the SC/ST(PA) Act, 1989.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 733/2017x Indore dated : 05/03/2018 Shri Vishal Lashkari, learned counsel for the appellant. Heard learned counsel for the appellant on IA No. 7263/2017, an application for substituting the new address and request to summon the non-applicant.
Learned counsel for the appellant submits that appellant preferred M.Cr.C. No. 3380/2017 for leave to appeal, which was allowed by this Court, vide order dated 10/04/2017 and office is directed to register the matter as regular criminal appeal. But there was no mentioned in the order with regard to issuance of summon or warrant against the non-applicant for securing his presence before this Court.
On due consideration I.No. 7263/2017 is allowed. Office is directed to issue bailable warrant of Rs.10,000/- against non-applicant-Kamal Bharti S/o Ram Bharti Goswami, 656-B, Scheme No. 71, Gumasta Nagar, Sudama Nagar Post Office-452009, Indore for securing his presence before this Court on 25/04/2018.
List the appeal for final hearing in due course.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 683/2006x Indore dated : 05/03/2018 Shri Vinod Thakur, learned counsel for the appellant. Shri Swapnil Sharma, learned Govt. Advocate for the respondent/State.
Appellant- Mahesh @ Docotor is present in person and he has been duly identified by his counsel.
Heard learned counsel for the parties on IA No. 1123/2018, an application for condonation of non-appearance of appellant on 26/09/2017 before the registry of this Court.
For the reasons assigned in the application, which is supported with the affidavit, sufficient ground is made out to condone the non- appearance of appellant-Mahesh @ Doctor on 20/02/2018 before this Court.
Accordingly, IA No.1123/2018 is allowed and non-appearance of appellant- Mahesh @ Doctor before this Court on 26/09/2017 is hereby condoned.
Appellant- Mahesh @ Doctor is directed to appear before the Office of this Court on 27/06/2018 and on all other subsequent dates as may be fixed by the Office.
Also heard learned counsel for the parties on IA No. 1124/2018, an application for recalling of bailable warrant issued in compliance of order dated 07/12/2017.
On due consideration, IA No. 1124/2018 is allowed and bailable warrant issued against appellant, vide order dated 07/12/2017 is hereby recalled.
List the appeal for final hearing in due course. (S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1779/2018x (Gopal & Ors. Vs. State of M.P.) Indore, Dated:05/03/2018 Shri B.L. Yadav, learned counsel for the appellants. Shri Swapnil Sharma, learned Counsel for the respondent/State . Heard on the question of admission. Appeal is admitted for final hearing. Record of the Court below be called for. Also Heard learned counsel for the parties on I.A. No.1456/20188- an application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellants-Gopal and Pavan Rathore.
Each of the appellants has been found guilty for offenence under Section 354 of the IPC read with Section 7/8 of the Protection of Children from Sexual Offences Act, 2012 and has respectively been sentenced to undergo 3 years R.I.; 3 years R.I. and to pay fine of Rs. 2,000/- for each offence with usual default stipulation.
It is submitted by the learned counsel for the appellants that the learned trial Court has recorded conviction without properly appreciating the evidence on record and that material omissions, contradictions and anomalies present in the prosecution evidence have been overlooked. It is also submitted that the appellants were on bail during trial and the liberty so granted was not misused by them. Lastly, it is submitted that the appeal is likely to take sufficient time in its final disposal and if the jail sentence is not suspended, then the appeal shall be rendered infructuous.
Though the prayer for suspension of custodial sentence is opposed by learned Public Prosecutor, however, this Court, after carefully going through the record and after hearing learned counsel for the parties, is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.
Accordingly, I.A. No. 1456/2018 is allowed and it is directed that subject to deposit of fine amount and on furnishing personal bond by the appellants-Gopal and Pavan Rathore in the sum of Rs.60,000/- (Rupees Sixty thousand only)each with a solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 14/05/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi)
skt Judge
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7211/2018x Indore dated :05/03/2018 Shri A.K. Shrivastava, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
As prayed by the learned counsel for the applicant, the case is adjourned.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7208/2018x Indore dated :05/03/2018 Shri A.K. Shrivastava, learned counsel for the applicant. Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
As prayed by the learned counsel for the applicant, the case is adjourned.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.1688/2018x (Chiku @ Pratik Vs. State of M.P.) Indore dated :05/03/2018 Shri Manoj Saxena, learned counsel for the applicant. Shri Ramakant Sharma, learned Govt. Advocate for the respondent/State.
After arguing at length on the merits of the case learned counsel for the applicant seeks permission of this Court to withdraw this petition petition.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4037/2018x (Lokendra Panwar Vs. State of M.P.) Indore dated :05/03/2018 Shri Vivek Singh, learned counsel for the applicant. Shri Ramakant Sharma, learned Govt. Advocate for the respondent/State.
After arguing at length on the merits of the case learned counsel for the applicant seeks permission of this Court to withdraw this petition petition.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.1703/2018x (Santosh Vs. State of M.P.) Indore dated :05/03/2018 Shri Vivek Singh, learned counsel for the applicant. Shri Ramakant Sharma, learned Govt. Advocate for the respondent/State.
After arguing at length on the merits of the case learned counsel for the applicant seeks permission of this Court to withdraw this petition petition.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.1750/2018x Indore dated :05/03/2018 Shri Vikas Jain, learned counsel for the applicant. Shri Ramakant Sharma, learned Govt. Advocate for the respondents/State.
Learned Public Prosecutor prays for and is granted time to comply with order dated 19/02/2018.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4269/2018x Indore dated :05/03/2018 Shri Mitesh Patidar, learned counsel for the applicant. Shri Ramakant Sharma, learned Govt. Advocate for the respondents/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4374/2018x (Jasvant Singh Vs. State of M.P.) Indore dated :05/03/2018 Shri S.K. Meena, learned counsel for the applicant. Shri Ramakant Sharma, learned Govt. Advocate for the respondent/State.
After arguing at length on the merits of the case learned counsel for the applicant seeks permission of this Court to withdraw this petition petition.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4562/2018x Indore dated :05/03/2018 Shri D.S. Rathore, learned counsel for the applicants. Shri Ramakant Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is available.
Learned counsel for the applicants further prays for time to argue the matter.
By way of indulgence, prayer is allowed. Be listed in the next week.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5168/2018x (Rahul Vs. State of M.P.) Indore dated :05/03/2018 Shri M.S. Chandel, learned counsel for the applicant. Shri Ramakant Sharma, learned Govt. Advocate for the respondent/State.
Shri Nitin Vyas, learned counsel for the complainant/objecor. After arguing at length on the merits of the case learned counsel for the applicant seeks permission of this Court to withdraw this petition petition.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8323/2018x Indore dated :05/03/2018 Shri Vikas Jain, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Learned Public Prosecutor prays for and is granted two weeks time to call CFSL report of Hyderabad.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8400/2018x Indore dated :05/03/2018 Shri A.K. Saraswat, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays and is granted time to file the certified copies of order-sheets dated 12/02/2018 passed by the trial Court.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8403/2018x Indore dated :05/03/2018 Shri R.R. Bhatnagar, learned counsel for the applicants. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicants submits that on the basis of report lodged by accused person Crime No. 42/2018 has been registered against the complainant party at Police-Station-Tal, District-Ratlam of offence under Sections 323, 295 and 506/34 of the IPC read with Sections 3(1)(s) and 3(2)(Va) of the SC/ST (PA) Act, 1989.
Learned Public Prosecutor is directed to make available the case- diary of present Crime alongwith the case-diary of Crime No. 42/2018 by next date of hearing positively.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8410/2018x Indore dated :05/03/2018 Shri Mitesh Patidar, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8419/2018x Indore dated :05/03/2018 Shri Mitesh Patidar, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondents/State.
Case-diary is not available. Learned Public Prosecutor is directed to make available the case- diary by next date of hearing positively.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8463/2018x (Husain Vs. State of M.P.) Indore dated :05/03/2018 Shri Lokesh R.Bhatnagar, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
After arguing at length on the merits of the case learned counsel for the applicant seeks permission of this Court to withdraw this second bail application filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, this second bail application is dismissed as withdrawn.
(S.K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8467/2018x Indore dated :05/03/2018 Shri Vishal Pawar, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted time to file some relevant documents.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8472/2018x Indore dated :05/03/2018 Shri Vivek Singh, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is available.
Learned counsel for the applicant submits that charge-sheet has already been filed and he prays for and is granted time to argue the matter.
List in the next week.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8475/2018x Indore dated :05/03/2018 Shri A.K. Saraswat, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8483/2018x Indore dated :05/03/2018 Shri D.Patel, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the week commencing 19/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8499/2018 Indore dated :05/03/2018 Shri Mitesh Patidar, learned counsel for the applicant. Shri Suraj Sharma, learned Govt. Advocate for the respondent/State.
Case-diary is available.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the week commencing 26/03/2018.
(S. K. Awasthi) Judge skt THE HIGH COURT OF MADHYA PRADESH R.P. No.473/2018 Indore dated :23/03/2018 This Court has directed the trial Court to complete the trial within four months vide order dated 3rd October, 2017. The learned trial Court has sought further three months time for completion of trial.
It has been pointed out that 14 witnesses have been examined whereas, examination-in-chief of PW-15 has been completed.
In view of the proceedings taken by the trial Court, it would be appropriate to extend time to complete the trial expeditiously on or before 18.05.2018.
(Hemant Gupta) (S. K. Awasthi)
Chief Justice Judge
Moni