Madhya Pradesh Court April 2013 Judgments
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Puran Prasad @ Puranlal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-02-2013
1 MCRC. No.2583 /2013 2.4.2013 Shri Umesh Trivedi, Adv.for the petitioner/applicant. Shri Punit Shroti, 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 6.12.2012 in connection with crime no.40/2012 registered at PS Karan Pahar Dist. Anuppur MP for the offence punishable u/ss. 302, 201/34 and 120 B of IPC and Section 25-B of the Arms Act. Allegation against the applicant is that he was seen in the company of co-accused persons on 14.3.2012 and on the same day, applicant reached where Sushila sister of Shyamlal was present at her Gumthi applicant asked whereabout deceased Samala and he gave threatened to his life. On 15. 3.2012 at 7 pm at village Karpa Bazar Samala was killed by co-accused persons on the conspiracy and intimation of the applicant . Learned counsel for the applicant submits that applicant has been falsely implicated in the case, there is no clinching primafacie evidence against him and he is under custod...
Daya Shanker Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-02-2013
M.Cr.C.No.1683/2013 2/04/2013 Shri Bhupendra Tiwari, Advocate for the applicant. Shri C.K.Mishra, GA for the respondent/State. Heard finally. This is the fiRs.application filed by applicant under Section 439 of the Cr.P.C for grant of bail. Applicant has been arrested on 4/4/12 in connection with Crime No.149/96 registered at P.S.Beohari, District Shahdol for the offence punishable under section 420 of IPC. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. It is further submitted that initially the applicant was enlarged on bail thereafter, trial Court issued the warrant of arrest against him on his non-appearance and in compliance of the said arrest warrant, applicant has been sent in jail. It is submitted that though number of cases are registered against this applicant but not he is ready to co-operate in the trials. In these circumstances, he prays for bail to the applicant. Learned counsel for the State opposes the application on the...
Nathhan Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-02-2013
1 MCRC. No.2783 /2013 2.4.2013 Shri Ssharad Verma, Adv.for the petitioner/applicant. Shri Punit Shroti, P.L., for state. Heard on the application u/s 438 Cr.P C. Applicant Nathhan Singh apprehends his arrest in connection with Crime not P.O.R.No.1557/01 registered at PS Forest Range Buffer Zone arhi District Balaghat MP for the offence punishable u/s 26(1) of Indian Forest Act and u/s 2,949. B, 51 and 52 of the Wild Life Protection Act, 1972. Allegation against the applicant is that in his absence teak wood,Bija Haldu and Diwan have been seized as also trophy/ horn of spotted deer/ Sambhar. has been recovered from the house of applicant. After arguing for some time, learned counsel for the applicant prays for withdrawal of this application with liberty before the trial Court after his arrest or brought applicant or surrenders his bail application may be disposed of on the same day looking to the age of the applicant being 68 yeaRs.Prayer allowed. Accordingly, this application is dismis...
Hukumchand Yadav Vs. Preeti Yadav @ Rani
Court: Madhya Pradesh
Decided on: Apr-02-2013
CRR No.260/2013 Criminal Revision No.260/2013 2.4.2013 Shri Hemant Sen, counsel for the applicant. None for the respondents. Heard on I.A.No.3561/2013, an application for condonation of delay in filing the present revision. The present revision is filed with delay of 74 days. It is submitted by the learned counsel for the applicant that the applicant was arranging for necessary documents and therefore, in getting those documents and in preparation of the revision application, some delay has been caused and also the applicant was sick and therefore, he could not get the documents within time. The applicant has also submitted some certificates to show that he was sick. Looking to the certificates submitted by the applicant, it is no where clear that he was suffering from such an illness that he could move from his bed. He has submitted the certificates, which are required to remain absent from his duties in SECL. The impugned order was passed on 29.8.2012 and according to the certificate...
Mukesh JaIn Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-02-2013
1 W.P.No.10906/2012 & W.P.No.12135/2012 2/4/2013: Shri AdaRs.Muni Trivedi, learned Senior Counsel with Shri Tripathi for the petitioner. Shri Rajesh Tiwari, learned Govt.Adv.for the respondents State. Shri Anshuman Singh, learned counsel for the Municipal Corporation. Heard learned counsel for the parties on the report submitted by the learned Court Commissioner and the application filed by the Municipal Corporation being I.A.No.11593/2012 with regard to taking documents on record and the submissions made in the said application indicating facilities which is provided by the Municipal Corporation, Jabalpur in the newly located bus stand which is being developed in Pisanhari ki Madiya, near Medical College, Jabalpur. From the statements made by learned Court Commissioner it is clear that no facilities were available on the date he had inspected the premises and submitted the report. Shri Anshuman Singh invited my attention to the additional submissions made by the Municipal Corporation ...
Rakku @ Rakesh Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-02-2013
M.Cr.C.No.2333/2013 2.4.2013 Shri A Usmani, counsel for the applicant(s).Shri C.K.Mishra, GA, for the respondent/State. Heard. The applicants are in custody since 6.10.2012 in connection with Crime No.274/2012 registered at P.S.Barela, AJAK, District Jabalpur for the offence punishable under Sections 302, 34 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. Learned counsel further submits that during trial material witnesses like Bablibai, wife of the deceased, Lavkush, Jamuna Sen and Shankarlal Choudhary have not supported the prosecution case. 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 exp...
Ramesh Singh @ Sharad Kumar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-02-2013
M.Cr.C.No.2346/2013 2.4.2013 Shri Shyam Vishwakarma, counsel for the applicants. Shri Chandrakant Mishra, GA, for the State. At the outset, learned counsel for the applicants prays for withdrawal of the application of applicant No.1 Ramesh Singh @ Sharad Kumar. Prayer is allowed. The application of applicant No.1 Ramesh Singh @ Sharad Kumar is dismissed as withdrawn. Heard. This is an application under Section 439 of Cr.P.C.for grant of bail to applicant No.2, Vikram Singh. The applicant no.2 is in custody since 15.1.2013 in connection with Crime No.11/2013 registered at Police Station Karanjiya, District Dindori for offence punishable under Sections 302, 307/34 of IPC. Learned counsel for the applicants submits that the name of the applicant no.2 did not find place in the FIR. He has been falsely implicated on the basis of statement of co-accused recorded under Section 27 of Evidence Act. No incriminating articles has been collected against this applicant. He is in jail and trial woul...
Yugal Prasad Pathak @ Pappu Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-02-2013
M.Cr.C. No.2460/2013 2.4.2013 Shri Deepak Singh, counsel for the applicant. Shri C.K. Mishra, GA, for the respondent/State. Heard. This is an application under Section 438 of Cr.P.C.The applicant apprehends his arrest in connection with Crime No. 91/10 registered at Police Station Sabhapur, District Satna for offences punishable under Sections 294, 353, 332, 333, 147 & 427 of IPC. Learned counsel for the applicant submits that adinterim anticipatory bail was granted by this Court vide Order dated 1.3.2013. Applicant has No. misused the liberty granted to him, therefore he prays for confirmation of the aforesaid order. Learned counsel for the State formally opposes the prayer. Since the applicant was released on adinterim anticipatory bail on 1.3.2013 and misuse of liberty has not been reported, in these circumstances, the order passed on 1.3.2013 is hereby made absolute and this order shall remain...
Umakant Mudgal Vs. the State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-02-2013
WRIT PETITION No.4998/20002. 04.2013 Shri Ajay Kumar Jain, learned Counsel for the petitioner. Shri Rahul Jain, learned Govt. Advocate, for respondent No.1. Shri R.K.Samaiya, learned Counsel for respondent No.2. It is stated by learned Counsel appearing for respondent No.2 that because of certain personal reasons of the respondent No.2, additional return as was required to be filed in terms of order dated 26.02.2013 could not be filed. A short adjournment is sought for the said purpose. Two weeks' time is allowed to respondent No.2 to file additional return with clear understanding that no further time would be allowed for the said purpose. List immediately after two weeks in the week commencing 22nd April, 2013. (K.K.Trivedi) Judge Skc...
Prakash Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-02-2013
M.Cr.C.No.2482/2013 2.4.2013 Shri R.K. Pandey, counsel for the applicant(s).Shri A.K. Singh, PL, for the respondent/State. Heard. The applicant is in custody since 1.12.2012 in connection with Crime No.196/2012 registered at P.S. Deori, District Raisen for the offence punishable under Sections 409, 420 of IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant was the Secretary of Gram Panchayat Hathitola Tahsil Udaypura, District Raisen. Similarly placed coaccused Smt. Kalibai, who was the Sarpanch at the relevant time, has already been released by the trial Court on 7.1.2013. The case of this applicant is similar to her. 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 b...
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