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2014 Supreme(MP) 354

B.D.RATHI
Satendra Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
R.K. Sharma for appellant;
R.K.Awasthy, Public Prosecutor for respondent/State;
Pradeep Katare for complainant.

ORDER

1. This is first application which has been preferred under section 438 of the Code of Criminal Procedure on behalf of applicant Satendra who is aged 17 years. He claims himself to be juvenile.

2. Case diary has been perused. Applicant is apprehending his arrest in connection with Crime No.75/2014 registered at Police Station Mau, District Bhind for the offence punishable under sections 294, 302, 34 of IPC.

3. As per the prosecution case, incident occurred on 24.2.2014 between 11 a.m. to 12 noon when the work of maintenance of public road was going on at village Padaria and the same was opposed by Naval Sharma and Gurali Sharma by saying that the land was belonging to them. In the noon, Ashok was trying to stop them by saying that do not oppose. Thereafter, Ashok was beaten by Anand s/o Kalyan, Satendra, Bheekaram, Naval and Gurali on account of which Ashok fell down on the ground and died on the spot. FIR was lodged by Ramsharan Sharma and on that basis Crime No.75/2014 has been registered.

4. Anticipatory bail application No.66/2014 was preferred by Bheekaram and present applicant Satendra before the Sessions Court and the same was dismissed by the Additional Sessions Judge on












































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