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It is said that during investigation the police recorded statements of complainant Ravindra Kumar Jain, one Mukesh Kumar Jain and also that of the staff Nurses namely Neelima Mishra and Smt. Preeti Masih.It is also said that Smt. Preeti Masih had attended to Smt. Manisha Jain and had found that the patient had not developed any problem and therefore, the applicant had not been sent for to attend to her.ORDER Uma Nath Singh, J.This order in the criminal revision No. 426/2002 arising out the order dated 8-3-2002 passed by learned Chief Judicial Magistrate, Damoh, in Criminal Case No. 3474/1997 shall also dispose of connected Criminal Revision No. 348/2002 filed against the order dated 15-3-2002 passed by learned Chief Judicial Magistrate.It is said that on 9-3-1997 a child delivered at 06.30 by one Smt. Manisha Jain under care and supervision of staff nurse died in a Government Hospital allegedly due to negligence of the applicant.It is also said that being a Government.Medical Officer in the District Hospital, Damoh, the applicant had treated Smt. Manisha Jain wife of Ravindra Kumar Jain, the complainant herein, privately and had also received a fee of Rs. 80/-.It is also a case of the prosecution that the applicant had demanded Rs. 2,000/- and since the money had not been paid, the applicant had refused to attend to the patient in the hospital.It is also alleged that despite a request sent to the applicant, she had not attended to the patient and she had reached only at 07.30 and had declared the child dead.On a report lodged by the complainant on 12-3-1997, the police registered an offence and also filed a charge-sheet under Section 304A of IPC.The applicant, accordingly, filed an objection application under Sections 239 and 258, Cr. P. C., in view of protection granted to a public servant under Section 197, Cr.P. C. The said objection appears to have been rejected only on the ground that since a newly born child died, there is a prima facie material that the applicant was negligent.The applicant being employed as a Class I Officer has taken a plea that she is not removable from her office save by or with due sanction of the State Government and thus, a sanction under Section 197 of Cr. P. C, is required for her prosecution.The applicant has also taken a plea that there is a dearth of materials constituting a prima facie offence under Section 304A of I.P.C. against her.A part from relevant documents filed with the revision, a report of the Office of Civil Surgeon-cum-Chief Hospital Superintendent, Damoh dated 4-7-2002 addressed to the Police Station Officer, Damoh, was submitted by the Government Advocate during the hearing from the said report, it appears that the wife of the complainant had been admitted in the Hospital on 9-3-1997 by emergency duty Medical Officer Dr. Sailendra Khatri.It also appears that the applicant had been assigned a duty to attend to emergency patients only on a call from the Hospital.

Relevant sections: Section 304A in The Indian Penal Code
CRM 12954 of 2014 BD Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11th September, 2014 in connection with Falta Police Station Case No. 148/2014 dated 30.03.2014 under Section 302/120Bof the Indian Penal Code read with Sections 25/27 of the Arms Act read with Section 9(b) of the I.E. Act.In the matter of : Raja Khan .... Petitioner.Mr. Prabir Rej.... For Petitioner.Mr. Manjit Singh.Having heard the learned advocate of both the parties and considering the materials available in the case diary and also considering the fact that two other charge sheeted co- accused persons are still absconding and specially considering Rejected the gravity of the offences alleged against the petitioner, we are not inclined to grant bail to the petitioner at this stage.The application for bail is, thus, rejected at this stage.(Pranab Kumar Chattopadhyay, J) (Sudip Ahluwalia, J) 2

Relevant sections: Section 302 in The Indian Penal Code
23.09.2020 Index : Yes Internet : Yeshttp://www.judis.nic.in 2/5 Crl.O.P.No.22988 of 2019 mfa ToThe Superintendent of Police, Villupuram.mfa Crl.O.P.No.22988 of 2019http://www.judis.nic.in 4/5 Crl.O.P.No.22988 of 2019 23.09.2020http://www.judis.nic.in 5/5It is represented by the Government Advocate that following the investigation in Crime No.54 of 2018, the case has been taken on file in STC.No.976 of 2018 on the file of the Judicial Magistrate No.II, Villupuram and the same was disposed of on 08.09.2018 by imposing conviction and sentencing the accused.In such view of the matter, nothing further survives in the Criminal Original Petition.Resultantly, the Criminal Original Petition is closed.The Deputy Superintendent of Police, Villupuram.The Inspector of Police, Town Police Station, Villupuram.4.The Public Prosecutor, High Court, Madras.http://www.judis.nic.in 3/5 Crl.O.P.No.22988 of 2019 T.RAVINDRAN, J.

Relevant sections: Section 304 in The Indian Penal Code
Case Diary is perused.Learned counsel for the rival parties are heard.Applicants apprehend their arrest in connection with offences punishable u/Ss. 306/34 of IPC registered as Crime No. 187/2016 at Police Station Basoda, District Vidisha.As per story of the prosecution, one Mahadev Dubey committed suicide for which the allegation of abetment of such offence was attributed over the applicants as according to prosecution, such applicants have preferred some false complaint against the brother of deceased Mahadev Dubey, which prompted him to commit suicide.According to applicants, the brother of deceased, Krishan Murari Sharma with an intention to outrage the modesty has tried to force the applicant No. 2 to go with him and hurled abusive language over her caste.Heard learned counsel for the parties.It is an admitted fact that the applicant No. 2 has lodged an FIR on 12/7/2014 against the conduct of brother of deceased.

Relevant sections: Section 294 in The Indian Penal Code; Section 341 in The Indian Penal Code; Section 323 in The Indian Penal Code; Section 354 in The Indian Penal Code; Section 306 in The Indian Penal Code; Section 3 in The Indian Penal Code
C.R.M. 10241 of 2010 In the matter of : The applications for Anticipatory Bail Under Section 438 of the Code of Criminal Procedure filed on July 07, 2010 And In re.: Najar Ali Mr. Dipankar Paramanick ...For the petitioner Ms. Bhaswati Pal ...For the State This is an application under Section 438 of the Code of Criminal Procedure on behalf of the petitioner who apprehends arrest in connection with Islampur Police Station Case No. 458 of 2009 dated 26.10.2009 under Sections 354/376/511 of Indian Penal Code.We have heard the submissions of the learned advocates for the petitioner and for the State.In case he surrenders, his prayer for bail will be considered in accordance with law.( Banerjee, J.) ( Raghunath Ray, J.) akb 2

Relevant sections: Section 376 in The Indian Penal Code; Section 354 in The Indian Penal Code; Section 511 in The Indian Penal Code; Section 156 in The Indian Penal Code
This Criminal Original Petition has been filed seeking to direct the second respondent police to alter the FIR in Cr.No.102/2016 by implicating Sections 326 and 307 IPC and to add the names of the respondents 3,4 and 5 in the final report which has to be filed by the second respondent.2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.On the complaint lodged by Seshavaradhan, the respondent police have registered a case in Cr.No.101 of 2016 u/s 294(b), 323, 324 and 506(ii) IPC against one Saravanan (A1) and 2 unknown persons and investigation is pending.While so, the petitioner who is one of the injured in the accident, has come up with this petition with the above prayer.The learned counsel for the petitioner submitted that the FIR has been registered on the complaint given by petitioner's brother, when the petitioner was in the hospital and that the wound certificate shows that he has suffered fracture.On a careful reading of the FIR it is seen that the petitioner's brother Seshavaradhan has stated that, on 22.03.2016 around 8.45 a.m. when they were all working in the vacant land, the accused who are relatives, came there and a quarrel ensued, in which it is alleged that Saravanan had taken a reeper stick and assaulted Selvaraj.The direction as prayed for by the petitioner cannot be granted u/s 482 Cr.P.C. However, the respondent police is directed to conduct investigation and during the course of investigation, if the name of the persons who were involved in the offence comes to light, it is needless to state that they should also be included in the case by filing an alteration report.With the above direction, this petition is closed.23.09.2016gmsTo1 The District Superintendent of Police Tiruvannamalai District2 The Inspector of Police Kalambur Police Station Tiruvannamalai District (Crime No.102/2016) Pothuammal3 The Public Prosecutor High Court, Madras P.N. PRAKASH, J.gms Crl.O.P. No.21475 of 201623.09.2016

Relevant sections: Section 307 in The Indian Penal Code; Section 326 in The Indian Penal Code
The applicants are in custody.The applicants are small and minor children.Heard on I.A.No.9940/2016, which is an application filed on behalf of the applicants for suspension of sentence and grant of bail.Vide judgment dated 10.09.2015 passed by J.M.F.C, Khandwa in Criminal Case No. 1914/2008, the applicants have been convicted under Sections 498 (a) and 323 of the I.P.C.The applicants have been convicted and have been sentenced as under:-On behalf of the applicants, it is submitted that they have deposited the fine amount.The applicants be given the benefit of bail and their remaining jail sentence be suspended.Considering the fact that the Criminal Revision would take considerable time, I.A. No. 9940/2016 is allowed.It is directed that if the applicants deposit the fine amount if not deposited and furnish bail bond to the tune of Rs. 50,000/- with a surety to the like amount to the satisfaction of the trial Court each, they be released on bail and their remaining jail sentence is suspended.Certified copy as per rules.(SUSHIL KUMAR PALO)

Relevant sections: Section 498 in The Indian Penal Code
Ms. Savita Choudhary, Advocate for the applicant.Shri Devendra Shukla, Panel Lawyer for the State.This is the second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.Earlier application M.Cr.C. No. 6982/2014 was dismissed as withdrawn on 16.7.2014 with liberty to repeat the same after recording the evidence of the prosecutrix.The applicant is in custody since 27.12.2013 in connection with Crime No. 393/2013 registered at P.S. Cheechali, District Narsinghpur for the offences punishable under Sections 363, 343, 376-Gha, 506 of the IPC.As per prosecution, it is alleged that co-accused Ramdarshan abducted the prosecutrix and kept her in the house of Narayan where the applicant and other co-accused persons committed rape upon her.Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case.The statement of prosecutrix Sita Bai has been recorded before the trial Court, she herself has stated that the applicant has not committed rape upon her.The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.Learned counsel for State has opposed the application.(G.S.Solanki) Judge PB

Relevant sections: Section 506 in The Indian Penal Code; Section 363 in The Indian Penal Code
Injured Smt. Narmada Ahirwar is present before the court who has been identified by Advocate Shri Lokendra Shrivastava.This is first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.11/2014, Police Station Dursada, District Datia, offences registered under Sections 323, 324, 294, 506-B, 326 & 498-A of IPC.Learned counsel for the applicant submits that today the injured Narmada Ahirwar has filed an affidavit stating that she was not assaulted or inflicted any injury by her husband Dayaram Ahirwar.Copy of the said affidavit has been produced before the court for perusal.Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.Further, the injured herself has denied the allegations made against the applicant/accused by the prosecution.On the aforesaid grounds, learned counsel prayed for grant of bail.Learned Panel Lawyer opposed the application and prayed for its rejection.C.No.6398/2014 (Dayaram Ahirwar v. State of M.P.) Considering the aforesaid facts and circumstances of the case, but without expressing any opinion on the merits of the case, this application is allowed and it is ordered that the applicant be released on bail on his furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of trial Court for his regular appearance before the trial Court during pendency of the trial of the case concerned and shall also comply with the conditions enumerated under Section 437 (3) of Cr.P.C.A copy of this order be sent to the court concerned.C.C. as per rules.

Relevant sections: Section 498A in The Indian Penal Code; Section 324 in The Indian Penal Code; Section 326 in The Indian Penal Code; Section 437 in The Indian Penal Code; Section 323 in The Indian Penal Code; Section 294 in The Indian Penal Code
This reference raises a shot; question which may be stated as follows.Felirani filed a complaint against Kanhaiyalal stating that on 10.2.1949 the accused dismantled the hut of the complainant and took possession of the material and that he was.laying a foundation of a new house.I.P.C. and holding.that his act amounts to trespass, convicted him under Section 447, I.P.C. and sentenced him to a fine of Rs. 50/-.The accused filed a petition in revision before the Sessions Judge who has made this reference under Section 438, Criminal Procedure Code.

Relevant sections: Section 379 in The Indian Penal Code; Section 447 in The Indian Penal Code; Section 438 in The Indian Penal Code
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 10.10.2018 in connection with Itahar P.S case no. 308 of 2018 dated 28.8.2018 under sections 147/148/149/447/188/186/353/333/325/326/307/427/435 of the Indian Penal Code read with sections 25/27/35 of the Arms Act and 3/4 of the Explosive Substances Act and 3/4 of the Prevention of Damage to Public Property Act and Section 9 of the West Bengal Maintenance of Public Order Act And In Re : Ajoy @ Ajay Karmakar ...... petitioner Mr. Sudip Guha ...... for the petitioner Mr. N. Ahmed Zareen N. Khan ...... for the State Supplementary affidavit is filed enclosing documents in support of compliance of conditions imposed on the petitioner.

Relevant sections: Section 325 in The Indian Penal Code; Section 147 in The Indian Penal Code; Section 447 in The Indian Penal Code; Section 353 in The Indian Penal Code; Section 307 in The Indian Penal Code; Section 326 in The Indian Penal Code; Section 188 in The Indian Penal Code; Section 148 in The Indian Penal Code; Section 427 in The Indian Penal Code; Section 149 in The Indian Penal Code; Section 186 in The Indian Penal Code
Memorandum of appeal alongwith the copies of documents and IA No. 4459/15 be given to Shri Jain within one week.Learned counsel for the appellant is heard on IA No. 4459/15, an application under Section 389 (1) of Cr.P.C. for suspension of jail sentence of the appellant.The appellant has been convicted to undergo imprisonment on various terms from three years to five years under Section 120-B, 420 of IPC, 471 of IPC r/w Section 13 (1) (D) of Prevention of Corruption Act with total fine of Rs. 4,35,000/-.Considering the facts and circumstances of the case, it is directed that the appellant on depositing the 50% of the fine amount and on furnishing a personal bond of Rs. 1,00,000/- (Rs. One lac) alongwith one surety of the like amount to the satisfaction of the trial court, he shall be released on bail and operation of the sentence of conviction shall remain suspended subject to his appearance before the Registry of this Court on 1st of September 2015 and on other dates as may be directed.C c as rules.

Relevant sections: Section 420 in The Indian Penal Code; Section 13 in The Indian Penal Code; Section 120B in The Indian Penal Code
Heard on this first bail application under Section 439 of Cr.P.C. filed o n behalf of the applicant.The applicant is in jail in connection with Crime No.653/2019 registered at Police Station Chourai, District Chhindwara for commission of offences punishable under Section 376(1), 376(2) (n), 376 (2)(f), 506 of the IPC and Section 4, 5 (j) (ii), 5(l) and 6 of POCSO Act.The case of the prosecution against the applicant is that the prosecutrix aged about 18 year went to visit to her relative along with the applicant who is the uncle of the prosecutrix.When they were returning to home the applicant brought the prosecutrix in a forest and committed rape with her and threaten her that if she disclose this fact with anyone he will kill her.Due to commission of rape the prosecutrix became pregnant and delivered a prematured child.Thereafter the prosecutrix lodged a report against the applicant.Learned counsel for the applicant submits that after investigation, charge-sheet has been filed.Statement of the prosecutrix have been recorded during trial in which she stated that the prosecutrix and the applicant want to marry with each other and she was major at the time of incident .Conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be enlarged on bail.Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and prays for dismissal of this application for bail.Heard learned counsel for the parties and perused the case diary.Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Bhura Vishwakarma, stands allowed.(VISHNU PRATAP SINGH CHAUHAN) JUDGE kundan Digitally signed by KUNDAN SHARMA Date: 19/03/2020 15:19:45

Relevant sections: Section 5 in The Indian Penal Code; Section 4 in The Indian Penal Code
Heard on admission.Learned Panel Lawyer for the respondent/State accepts notice on behalf of the respondent/State; as such, no further notice is required.Let record of the Court below be requisitioned.Heard on IA.No.23548/2016 under section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail.A perusal of the impugned judgment reveals that appellant Bhupendra Goswami stands convicted of the offence punishable under Sections 354-A and 324 of the Indian Penal Code.He has been sentenced to undergo effective RI for a period of 2 years and fine in the sum of Rs.2000/-.In default of payment of fine, he has been directed to undergo further rigorous imprisonment for a period of 4 months.Keeping in view the facts and circumstances of the case in their entirety, and the short duration of sentence imposed upon the appellant, in the opinion of this Court, the appellant deserves to be released on bail.Consequently, I.A. No. 23548/2016 is allowed .It is directed that on depositing the fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 04-05-2017 and all other subsequent dates fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall stand suspended and he shall be released on bail.Certified copy as per rules.(C V SIRPURKAR) JUDGE

Relevant sections: Section 324 in The Indian Penal Code
The applicant is an innocent person, who has no criminal antecedents alleged against him and he has been falsely implicated in the present case.Name of the applicant neither find place in the FIR nor in the 2 HIGH COURT OF MADHYA PRADESH M.Cr.as per rules.(S.A. Dharmadhikari) Judge Durgekar* Digitally signed by SANJAY N.DURGEKAR Date: 2018.05.18 15:29:42 +05'30'Case Diary is perused.Learned counsel for the rival parties are heard.The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.The applicant has been arrested by Police Station Gohad, District Bhind in connection with Crime No. 81/2018 registered in relation to the offences punishable u/S. 188, 147, 148, 149 of IPC.As per prosecution, short facts of the case are that the District Magistrate, District Bhind vide order dated 02/04/2018 has imposed section 144 of Cr.P.C. in that area.On 03/04/2018, the SDM, Gohad along with his team were on duty.At that time, at about 1 'O' Clock in the afternoon various persons numbering more than 200 gathered together along with Lathis/Dandas in their hand and violated the order passed under section 144 of Cr.P.C. by raising slogans and adopted recourse to violence.On the basis of aforesaid, the applicant has been implicated in the present case.The offence alleged are triable by Judicial Magistrate First Class.The maximum punishment under section 188 of IPC is one month or Rs. 2,00/- fine.The applicant is in jail since 04/04/2018 and early conclusion of trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty.Under these grounds, applicant prays for grant of bail.Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court.This order will remain operative subject to compliance of the following conditions by the applicant :-HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 16620/2018

Relevant sections: Section 188 in The Indian Penal Code