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Madhya Pradesh Court April 2013 Judgments

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Apr 02 2013

Amar Burman Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-2013

1 MCRC. No.2844 /2013 2.4.2013 Shri Rahul Tripathi, Adv.for the petitioner/applicant. Shri S.P.Chadar, P.L., for state. Heard on an application u/s 439 Cr.P.C.This is fiRs.bail application of applicant, who is arrested on 14.8.2012 in connection with crime no.625/2012 registered at PS Sihora Dist. Jabalpur MP for the offence punishable u/ss. 380 and 457 of IPC . Allegation against the applicant is that he by breaking lock of Famous Mobile Shop committed theft of about 20 Mobils . Applicant was arrested and on his memorandum about 15 Mobiles have been recovered at his instance. Learned counsel for the applicant submits that applicant has been falsely implicated in the case, the offence is triable by Magistrate FiRs.Class and he is in jail for last 9 months, hence he be released on bail. Per contra, learned counsel for the State has objected for grant of bail on the ground that the applicant is habitual offender. Looking to the facts and circumstances of the case, evidence together with ...


Apr 02 2013

Jagdish Prasad Vs. Kanhaiyalal @ Knadhai and ors

Court: Madhya Pradesh

Decided on: Apr-02-2013

1 S.A No.440/1996 HIGH COURT OF MADHYA PRADESH AT JABALPUR SECOND APPEAL NO.440/1996 APPELLANT : JAGDISH PRASAD Vs. RESPONDENTS : KANHAIYALAL @ KANDHAI AND OTHERS. Present : Hon'ble Shri Justice R.S. Jha. For the appellant : Shri Ravish Agrawal, Senior Counsel with Shri Abhishek Singh, Advocate. For the respondents : Shri N. S. Ruprah, Advocate. -------------------------------------------------------------------------------------- JUDGMENT (02/04/2013) The appellant has filed this appeal being aggrieved by the judgment and decree dated 2.4.1996 passed by the District Judge, Panna in Civil Appeal No.19-A/86 affirming and confirming the judgment and decree dated 24.10.1986 passed by the Civil Judge Class-I, Panna in Civil Suit No.1- A/79-85 thereby dismissing the suit of the appellant claiming a decree for declaration as owner in possession of house No.53/6 situated in Mohalla Raniganj, Panna as well as for a permanent injunction prohibiting the respondents from demolishing the wall of h...


Apr 02 2013

Smt. Pyaribai Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-2013

M.Cr.C.No.3620/2013 2.4.2013 Shri Amit Jain, Advocate for the applicants. Shri R.K.Kesarwani, PL for the State. Admit. Call for the case diary. Heard on I.A.No.6678/2013, an application for grant of ad-interim anticipatory bail to the applicants. The applicants apprehend their arrest in connection with Crime No.57/2013 registered at P.S.Khurai, District Sagar for the offences punishable under Sections 304-B, 498-A of the IPC. Learned counsel for the applicants has submitted that applicants have been falsely implicated in this case. Applicant No.1 is mother-in-law and applicant No.2 is father-in-law of deceased Rajkumari. The main allegation is against husband of deceased. The applicants are old aged persons. They are living separately. They are ready to Co.operate in the investigation and trial. The applicants are reputed citizen of the locality, in the event of arrest their reputation will be tarnished, therefore, they be released on ad-interim anticipatory bail. Learned counsel for S...


Apr 02 2013

Basant Rao Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Apr-02-2013

1 HIGH COURT OF JUDICATURE MADHYA PRADESH, JABALPUR SB: HON. SHRI N.K.GUPTA,J.CRIMINAL REVISION NO.188/2003 Basant Rao. Vs. State of Madhya Pradesh. ------------------------------------------------------------------------------------------- Shri A.D.Mishra, Advocate for the applicant. Shri Ajay Tamrakar, Panel Lawyer for the respondent/ State. ------------------------------------------------------------------------------------------- ORDER (Passed on the 2nd day of April, 2013) The applicant was convicted for commission of offence punishable under Section 7(1) read with Section 16(1)(A)(ii) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as PF Act, 1954.) and sentenced for six months' rigorous imprisonment with fine of Rs.1000/-, by the Chief Judicial Magistrate, Betul vide judgment dated 19.9.2002 in Criminal Case No.437/1991. In Criminal Appeal No.88/2002, the learned Sessions Judge, Betul vide judgment dated 5.2.2003 dismissed the appeal of the applicant in...


Apr 02 2013

Kamlesh Chadar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-2013

1 MCRC. No.2638 /2013 2.4.2013 Shri Arun Nema, Adv.for the petitioner/applicant. Shri Rohani Prasad Tiwari, GA for state. Heard on an application u/s 439 Cr.P.C.This is fiRs.bail application of applicant, Kamlesh Chadar who has been arrested on 03.10.2012 in connection with crime no.493/2012 of PS Gotegaon Dist. Narsinghpur MP for the offence punishable u/ss. 304 B and 498-A/34 of IPC and u/s 3 / 4 of Dowry Prohibition Act. Allegation against the applicant is that he is husband of deceased Sushila Bai. He was doing cruelty as demand of dowry was not fulfilled. Sushila committed suicide within a period of two years from the date of marriage. Learned counsel for the applicant submits that applicant has been falsely implicated in the case and nothing was produced to show that he was harrasing deceased with cruelty for demand of dowry. Co-accused Smt. RoopaBai Chadar has been releaed on bail by this Court in Misc.Cr.Case No.15319/12 vide order 12.2.2013. In the trial evidence of PW 1 Guddi...


Apr 02 2013

Lakhpati Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-2013

M.Cr.C.No.3644/2013 2.4.2013 Shri Sanjeev K. Singh, counsel for the applicant(s).Shri R.K.Kesharwani, PL, for the respondent/State. Heard . The applicants are in custody since 10.2.2013 in connection with POR No.45/4 registered at P.S.Forest Range Office, Forest Range Majhauli, District Sidhi for the offence punishable under Sections 9, 39, 51 and 52 of Wild Life Protection Act, 1972. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. The alleged offences are triable by Magistrate. The applicants are in jail and trial would take considerable time to conclude finally, therefore, prays for grant of bail to applicants. Learned counsel for the State opposes the prayer. On due consideration of the contentions raised by the counsel for the parties along with facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of bail to the applicants. The applica...


Apr 02 2013

Ankur @ Anshu Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-2013

HIGH COURT OF MADHYA PRADESH JABALPUR Criminal Revision No.331/2013 Ankur @ Anshu Vs. State of Madhya Pradesh ----------------------------------------------------------------------------------------------- Present : Hon'ble Shri Justice N.K. Gupta. ----------------------------------------------------------------------------------------------- Name of counsel for the parties: Shri S.C. Datt, learned senior counsel with Shri Abhishek Arjaria, counsel for the applicant. Shri G. S. Thakur, Panel Lawyer for the respondent/State. ----------------------------------------------------------------------------------------------- ORDER (Passed on 2nd day of April, 2013) The applicant was convicted for the offence punishable under Section 379 of IPC vide judgment dated 1.8.2012 passed by the learned J.M.F.C. (Smt. Usha Tiwari) in criminal case no.11978/06 and sentenced for one year's R.I. with fine of Rs.500/-. In criminal appeal no.727/12, the learned 5th Additional Sessions Judge, Bhopal vide jud...


Apr 02 2013

Salim Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-2013

M.Cr.C.No.13660/2012 2/04/2013 Shri Vinay Sharma, Advocate for the applicant. Shri A.K.Singh, GA for the respondent/State. Heard finally. This is the second application filed by applicant under Section 439 of the Cr.P.C for grant of bail. The fiRs.applicant was dismissed on 4/07/12. Applicant has been arrested on 15/11/11 in connection with Crime No.710/11 registered at P.S.Gadarwara, District Narsinghpur for the offence punishable under section 8/20 of the NDPS Act. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. It is furtehr submitted that after dismissal of the fiRs.application only two witnesses have been examined before the trial Court. Trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant. Learned counsel for the State opposes the application. Considering the overall facts and circumstances of the case, I am of the considered view that it is a fit case to release him on bail. T...


Apr 02 2013

Lakesh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-2013

M.Cr.C.No.2510/2013 2.4.2013 Shri Pradeep Naveriya, counsel for the applicant(s).Shri A.K. Singh, PL, for the respondent/State. Heard. The applicants are in custody since 16.2.2013 in connection with POR No.21038/19 registered at P.S. Forest Range Katangi, District Balaghat for the offence punishable under Sections 16, 18, 31, 32 of Section 2 and U/s 9, 44, 51of Wild Life Protection Act. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. The offence levelled against the applicants are triable by Magistrate. Charge sheet has already been filed and trial would take considerable time to conclude finally, therefore, prays for grant of bail to applicants. Learned counsel for the State opposes the prayer. On due consideration of the contentions raised by the counsel for the parties along with facts and circumstances of the case, without e...


Apr 02 2013

Deepak Purohit Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-2013

(1) W.P.No.11254/2012 HIGH COURT OF MADHYA PRADESH: JABALPUR (AFR) Division Bench: Hon'ble Justice Shri Rakesh Saksena Hon'ble Justice Smt. Vimla Jain WRIT PETITION NO.11254/2012 Deepak Purohit S/o Shri Radheshyam Purohit, aged about 25 years, R/o 172, Bapu Nagar, Indore M.P. ....Petitioner -Versus- 1. State of M.P. Through Principal Secretary Home Department (Police) Mantralaya, Vallabh Bhawan, Bhopal M.P.2. District Magistrate, Indore District Indore M.P.3. Senior Superintendent of Police, Indore District Indore M.P. .Respondents -------------------------------------------------------------------------------------------------------- For the petitioner: Shri J.A.Shah, Advocate. For the respondent: Shri Yogesh Dhande, Deputy Government Advocate. -------------------------------------------------------------------------------------------------------- Date of hearing:20. 03/2013 Date of Order:02. 04/2013 ********** ORDER Per: Rakesh Saksena,J.Petitioner, the detenu, by this petition under...


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