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05.09.13 Item No. 44 Court No.17 A.B.Item No. 44And In the matter of: Arabinda Das & Ors.- versus -The State of West Bengal Opposite Party Mr. Asraf Mandal For the Petitioners Ms. Ratna Ghosh For the State The Petitioners, apprehending arrest in connection with Hogalberia Police Station Case No. 133 of 2013 dated 06.03.2013 under Sections 498A/34 of the Indian Penal Code, have applied for anticipatory bail.The Petitioners are the brothers-in-law and the parents-in-law of the complainant.We have heard the learned Advocate for the Petitioners and the learned Advocate for the State.We have seen the case diary and other relevant material on record.The application for anticipatory bail is, thus, disposed of.(Nishita Mhatre, J) (Kanchan Chakraborty, J)

Relevant sections: Section 438 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 498A in The Indian Penal Code
This petition under Section 482 read with Section 483 of Code of Criminal Procedure, 1973 (in short 'the Code') has been preferred by the petitioners seeking the following relief:Keeping in view the aforesaid facts and circumstances of the case, order sheet of trial Court dated 21-04-2014 has been perused which is as follows:^^jkT; }kjk ,-Mh-ih-vks-A vkjksih Jherh deys'k exjS;k LFkk;h gkftjh ls ekQA vkjksih fodkl vk;Z lfgr Jh lkSjHk feJk vf/koDrkA vfHk;kstu lk{; vuqifLFkrA vkns'kkuqlkj lk{kh dks rkehy tkjh ughaA vr% vkns'kkuqlkj dk;Zokgh vko';d :i ls dh tkosA izdj.k esa vfHk;kstu lk{kh dzekad 1 O;ogkj U;k;k/kh"k ds in ij inLFk gksus ds dkj.k mUgsa ekuuh; jftLVkj tujy egksn;] e0iz] mPp U;k;ky; tcyiqj ds ek/;e ls vkgwr fd;k tkosA cpkoi{k vf/koDrk }kjk fuosnu fd;k x;k gS fd bl izdj.k ls lacaf/kr ,d vU; ifjokn fodkl vk;Z cuke Jherh lfjrk yafcr gS vkSj mlh ds lkFk gh bl izdj.k esa Hkh rkjh[k is'kh fu;r dh tkosA izdj.k vfHk;kstu lk{; gsrq mDr izdj.k ds lkFk fnukad 29-05-2014 dks is'k gksA^^ Further on perusal of order sheets dated 07-03-2014, 29-05-2014, 23-06-2014 and 16-07-2014 it seems that continuous adjournments have been given by writing the order-sheets in same fashion.Perusal of these order-sheets also shows that there is no progress in the trial.For the forgoing reasons, trial Court is directed to take steps for securing the presence of witnesses and after recording the evidence, matter be finally decided as soon as possible, preferably, 3 MCRC.No.7426/2014 within a period of 12 months.With the aforesaid, the petition stands disposed of.Copy of this order be sent to the trial Court for information and necessary compliance.(B.D. Rathi) Judge Anil

Relevant sections: Section 498A in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 323 in The Indian Penal Code; Section 427 in The Indian Penal Code
Heard learned counsel for the applicants, Sri Vipin Kumar, learned counsel has appeared on behalf of the complainant and learned A.G.A. for the State respondent.The present application has been filed for quashing the proceedings of complaint case no. 391 of 2009 under Section 295-A IPC pending before Additional Chief Judicial Magistrate V, Meerut.It is contended by the learned counsel for the applicants that the applicants are the journalists and presently posted as Sr. Editor and ?Executive Editor of magazine "India Today"; that the complainant/opposite party no.2 filed a complaint under Section 295-A IPC read with Section 153-A, 504 IPC on the allegation that in the issue dated 11.9.2002 of the India Today magazine (Hindi Edition), a photograph of Lord Ganesha was printed as advertisement of ICC Championship Trophy to be held in Sri Lanka in the year 2002, showing Lord Ganesha holding a cricket ball.It was alleged in the complaint that the cricket ball has been made out by cow hide and publication of said photograph has hurt the feeling of complainant and other sections of Society, as no Hindu takes leather shoes, wallets etc. near religious places; that in support of complaint the complainant recorded his statement as well as statement of one Puneet Sharma, Advocate, and thereafter, the Magistrate, vide order dated 24th December, 2002 took cognizance in the matter under Section 295-A IPC only and summoned the accused;It is further contended by the learned counsel for the applicant that as soon as the applicant came to know about the summoning order he moved an application/objection on 15th February, 2003 but the matter was adjourned on various dates due to various reasons.Ultimately, said application/objection of the applicant was rejected on 1st October, 2005 and the accused was directed to appear.

Relevant sections: Section 504 in The Indian Penal Code
passed by the learned Metropolitan Magistrate, 4th Court at Calcutta in G.R. Case No. 2830 of 2015 under Sections 406, 420 and 120B of the Indian Penal Code.Learned counsel appearing on behalf of the petitioners submits as follows.The petitioners are the accused in this case.A warrant of arrest was issued against the petitioners.They appeared before the learned trial court on 18.03.2017, prayed for bail and were in fact released on bail.But, on the very same day, without supplying copies of prosecution papers, charges were framed against the petitioners under Sections 406, 420 and 120B of the Indian Penal Code.Framing of charge without supplying copies to the accused is absolutely bad in law and needs to be forthwith set aside.Learned counsel appearing on behalf of the State in his usual fairness, submits that framing of charge in a criminal trial cannot take place without supply of copies to the accused.Learned counsel appearing on behalf of the opposite party no. 2 / de facto complainant submits that the proceeding before the learned trial court is stalled because of the pendency of this application and as such, the revisional application ought to be disposed of at the earliest.I have heard the learned advocates for the parties and have perused the revision petition.It is not denied by the learned advocates for the State and the private opposite party that charges were framed in this case without supply of copies of prosecution papers to the accused.Framing of charge against an accused without supply copies of documents on which the prosecution relies, as contemplated under Section 207 or 208 of the Code, to the accused is not at all tenable in the eye of law.In view of the above, I have no hesitation in setting aside the impugned order so far as the framing of charges and the fixing of dates for evidence are concerned.I remand the matter back to the learned trial court to commence the proceeding afresh from the stage of supply of copies to the accused.It is expected that copies of necessary documents shall be supplied to the accused at the earliest and the proceedings shall be commenced therefrom.With these observations, the revisional application and the connected applications are disposed of.Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.(Jay Sengupta,J.) SB

Relevant sections: Section 120B in The Indian Penal Code; Section 420 in The Indian Penal Code; Section 406 in The Indian Penal Code
The applicant is permanent resident of District-Ujjain.This bail application under section 439 of CrPC is in connection with crime number 760/2017 U/s 307, 294, 506, 451 & 427/34 of IPC registered at Police Station - Madhavnagar, District- Ujjain.As per information given by the accused/applicant, this is the first bail application in connection with the present crime number.No other bail application is either filed or pending before or decided by any coordinate bench of this court or by Hon'ble the Apex court in the same crime number.It is submitted by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case.There is no evidence against him.Conclude of trial is likely to take time.There is no possibility of his absconding.He is ready to furnish adequate security.The Prosecution has opposed the bail application.The objection of the prosecution is that the applicant has long criminal history.Apart from the present two cases, 7 other cases have been registered bearing Crime Nos.496, 456, 602, 101, 296, 767 and 319 at Police Station Madhav Nagar under MCRC 7715/18 (Jitendra vs. State of MP) 2 the offence relating to abusing, thrashing and threatening against the applicant.MCRC 7715/18 (Jitendra vs. State of MP) 2Facts of the prosecution case in brief are that on 18/12/2017, in the afternoon at about 12.30, a scuffle took place between the present applicant Jitendra, Sunny and Satish in one hand and Rajesh and Pappu on the other hand.Both the parties filed FIR and Crime No.752/2017 and 755/2017 are registered against both the parties.In the evening at about 8.30 p.m., they again fought with each other.At this time, Satish filed FIR on which Crime No.761/2017 was registered under Section 307/34 of IPC against Ganpat and his two sons Rajesh and Suresh.At the same time, Suresh also filed FIR which is registered at Crime No.760/17 under Section 307, 294, 506, 451 & 427/34 of IPC.They alleged that the applicant along with co-accused persons Satish and Sunny hurling abuses outside their house and when they objected for the same, Satish caught Suresh and Jitendra, and struck iron pipe on his head.When Rajesh tried to intervene, Satish inflicted Dharia on his right hand.He filed certain documents to support his contention.Considering the aforesaid facts, nature of incident, injury caused to the applicant and other facts and circumstances of the case, I deem it proper to release the accused on bail.(Virender Singh) Judge soumya Digitally signed by Soumya Ranjan Dalai Date: 2018.04.04 16:25:36 +05'30'

Relevant sections: Section 34 in The Indian Penal Code; Section 307 in The Indian Penal Code; Section 506 in The Indian Penal Code; Section 427 in The Indian Penal Code; Section 294 in The Indian Penal Code
hy Heard on this first application for bail under Section 439 ad of the Code of Criminal Procedure filed on behalf of the petitioner Gudda Gond in crime no.379/2017 registered M by P.S.-Patan, District-Jabalpur under Sections 294, 323, of 315, 506 read with Section 34 of the IPC.As per the prosecution case, at about 11:00 a.m. on rt 01.10.2017, victim Herobai was returning from the field ou with her husband Betu and daughter Khusboo.At that C time, petitioner Gudda and co-accused persons Gullu, h Subhadrabai and Langdobai had beaten her with sticks.Learned counsel for the petitioner submits that no post- mortem examination of the child was conducted.In the MLC report victim Herobai was found to sustain only one injury in the thigh.Therefore, it has been prayed that the petitioner be released on bail.Learned Government Advocate for the respondent/State on the other hand has opposed the application.However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as sh pointed out by the learned counsel for the petitioner, in the opinion of this Court, the petitioner deserves to be e released on bail.ad Consequently, this first application for bail under Section Pr 439 of the Code of Criminal Procedure filed on behalf of the petitioner Gudda Gond, is allowed.a hy It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/-ad with one solvent surety in the same amount to the M satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for of complying with the conditions enumerated under Section rt 437 (3) of the Code of Criminal Procedure.ou Certified copy as per rules.C h (C V SIRPURKAR) ig JUDGE H vai Digitally signed by VAISHALI AGRAWAL Date: 2017.11.28 20:14:13

Relevant sections: Section 34 in The Indian Penal Code
Heard on the question of admission.This application under Section 482 of Cr.P.C. has been filed against the order dated 6-9-2016 passed by 2nd Additional Sessions Judge to the Court of 1st Additional Sessions Judge, Gwalior in Criminal Revision No. 84 of 2015 by which the order dated 7-2-2015 passed by Special Railway Magistrate, Gwalior in complaint Case No. UN/2014 has been affirmed.It was the case of the applicant that he is working in the Railway Department and on 19-9-2014 while he was going back home after his duty hours, he found that Rajesh Kumar Godia, Rakesh Kushwaha and Ashok Kumar were bringing one double bed and four chairs from Rail Spring Factory.Therefore, the Court directed the applicant to examine himself and his witnesses.The Counsel for the applicant fairly conceded that since, the offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 is not cognizable, therefore, no order could have been passed under Section 156(3) of Cr.P.C., but submitted that the Magistrate could have treated the said application to be under Section 155 of Cr.P.C. and should have directed for investigation.He further stated that merely a wrong provision of law was quoted, therefore, the application filed by the applicant should not have been rejected treating the same under Section 156(3) of Cr.P.C.Per contra, the Counsel for the State submitted that the applicant himself had filed an application under Section 156(3) of Cr.P.C. Therefore, no illegality was committed by the Magistrate in rejecting the application.Heard the learned Counsel for the applicant.The counsel for the applicant has not challenged that part of the order of the Railway Magistrate, by which it was held that the Magistrate has no jurisdiction to entertain the 3 MCRC 12730/2016 complaint in respect of offences punishable under the Penal Code.

Relevant sections: Section 420 in The Indian Penal Code; Section 457 in The Indian Penal Code; Section 467 in The Indian Penal Code; Section 380 in The Indian Penal Code; Section 468 in The Indian Penal Code; Section 471 in The Indian Penal Code
Heard learned counsel for the applicant and learned A.G.A for the State.By means of this application, the applicant who is involved in case crime no. 213 of 2020, under Sections 498-A/304/326/342/323 IPC, Police Station Kaptanganj, District Kushinagar, is seeking enlargement on bail during the trial.Submission made by learned counsel for the applicant is that F.I.R was registered under sections 498-A/304/326/342/323 IPC against three accused persons Smt. Kaushalya Devi Mother-in-law, Ajay Yadav husband and Rahul Yadav Dewar.Further, before issuing the release order, the sureties be verified.(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT.IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL.IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS UNDER SECTION 229-A IPC.(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith.Needless to mention that these additional conditions are imposed to cope with emergent condition-:The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored.The computer generated copy of such order shall be self attested by the counsel of the party concerned.The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.Order Date :- 2.11.2020 Vikram

Relevant sections: Section 323 in The Indian Penal Code; Section 342 in The Indian Penal Code; Section 326 in The Indian Penal Code; Section 304 in The Indian Penal Code; Section 498A in The Indian Penal Code
It is directed that in the event of arrest, applicants shall be released in connection with Crime No.146/2016 registered at Police Station- Hudkeshwar, Nagpur under Section 498-A/34 of the Indian Penal Code on furnishing personal bond to the tune of Rs.25,000/- each with one surety each in the like amount to the satisfaction of the Arresting Police Officer.The order shall remain in force for one month from the date of receipt of certified copy of this order.The applicants are at liberty to approach the competent Court to seek anticipatory bail beyond the period of one month.Certified copy as per rules.(J. P. GUPTA)

Relevant sections: Section 34 in The Indian Penal Code; Section 498A in The Indian Penal Code
Therefore, this Court should not entertain the quash petition at this stage.6.The learned counsel appearing for the second respondent would submit that the second respondent has been cheated by the petitioner by collecting the entire amount of Rs.1,50,000/- and has been supplied with a Solar Power Equipment with a lower capacity.Therefore, the learned counsel would submit that the second respondent has been put to wrongful loss, and therefore, an offence of cheating under Section 420 has been prima facie made out.No allegation has been made that he had an intention to cheat the respondent from the very inception.Following allegations made in the First Information Report need to be specially noticed: “Along with him his son Samir Sahay Advocate who was already acquainted with the applicant also accompanied his father.Major PC Sahay gave the above said assurance, and the applicant and his wife Smt. Uma Devi deposited Rupees one Lakh with Major P.C.Sahay in this regard and he gave the receipt of the same to the applicant of which the applicant is enclosing the photocopy.The second respondent has paid a sum of Rs.1,00,000/- by cheque and Rs.50,000/- by cash as an advance.The petitioner installed a Solar Power with a capacity of 100 WT and promised the second respondent that he will install the balance 900 WT and thereafter receive the balance amount.The petitioner did not install 900 WT of Solar Power as promised by him.The second respondent attempted to get in touch with the petitioner, but the petitioner never responded.13.The material that is available on record does not satisfy the ingredients of Section 420 of IPC and at the best it can only said to be a failure to keep up a promise subsequently, by the petitioner.A subsequent conduct can never raise a presumption of the culpable intention right at the beginning.The prosecution has not established that there was fraudulent or dishonest intention at the inception.15.In the result, the proceedings in C.C.No.9 of 2017, on the file of the learned Judicial Magistrate, Puducherry is hereby quashed.Accordingly, the Criminal Original Petition is allowed.Consequently, the connected miscellaneous petitions are closed.2.The Sub Inspector of Police, (Law and Order) Othiyan Salai Police Station, Puducherry.3.The Public Prosecutor, High Court of Madras, Madras.N. ANAND VENKATESH,.

Relevant sections: Section 420 in The Indian Penal Code; Section 415 in The Indian Penal Code; Section 417 in The Indian Penal Code
Shri Pushpendra Dubey, learned counsel for the objector.This is the first bail application under Section 438 of Cr.P.C for an offence under Sections 420, 467, 468, 474 and 341 of IPC for grant of anticipatory bail in connection with Crime No. 64/2018 registered at Police Station Gautam Nagar District Bhopal.The applicant herein,aged 60 years is apprehending his arrest in the aforesaid case.A short resume of facts essential to appreciate the present case are as follows:-The Alp Vetan Karmachari Grihnirman Shahkari Samiti is a co-operative Society, which owns a particular plot of land.The applicant was the power of Attorney holder, who on the basis of the said power of attorney has sold a plot of land to one Anisha Bi.The matter went up before the SDM, in proceedings under Section 145 Cr.P.C, in which vide order of the SDM, dated 14-12-2017 he arrived at the conclusion that the dispute between Anisha Bi and Nahid Jahan is of civil nature and the same ought to be decided by the civil court.In the year 2013 itself, Nahid Jahan files a criminal complaint inter alia against the applicants, Anihsa Bi and Mohd Aziz.The court of Judicial Magistrate First Class passed an order under Section 202 Cr.The applicant shall further abide by the conditions enumerated under Section 438(2) of the Cr.P.C.C.C as per rules.

Relevant sections: Section 420 in The Indian Penal Code; Section 468 in The Indian Penal Code; Section 467 in The Indian Penal Code; Section 341 in The Indian Penal Code; Section 471 in The Indian Penal Code
On due consideration, prayer for urgent hearing during winter vacation is allowed.Record of the trial court be called for.Heard on I.A. No.9733/2015 , which is an application for suspension of jail sentience of appellant Virendra , who has been convicted under Section 212 of the IPC and sentenced to five years R.I with fine of Rs.5,000/- and in default of payment of fine, 6 months additional RI.Learned counsel for the appellant submits that section 212 is bailable and during the trial appellant was bailed out and at the time of conviction, an application for suspension of jail sentence was filed under section 389 (3) (ii) of the Code of Criminal Procedure for suspending the sentence before the trial court and grant of bail because appellant is preferring an appeal against impugned conviction, but learned trial court without assigning any reason rejected the application.On due consideration of the aforesaid and also on the fact that section 212 is bailable, without expressing any opinion on the merits of the case, I.A. No.9733/2015 , which is an application for suspension of jail sentence is allowed.The substantive jail sentence of the appellant - Virendra is suspended subject to his depositing the fine amount and furnishing a personal bond to the tune of Rs.50,000/- (Rupees -2- Fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 03.03.2016 and on all other subsequent dates as may be fixed by the Registry in this behalf.Certified copy as per rules.( P.K. JAISWAL ) VACATION JUDGE RP

Relevant sections: Section 389 in The Indian Penal Code