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2014 Supreme(MP) 789

SHEEL NAGU
Sandeep Singh Tomar – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant :Sushil Goswami, Advocate
For the Respondents: Pramod Pachauri, Public Prosecutor

Judgment

Sheel Nagu, J.:-

1. Case Diary is perused

Learned counsel for the rival parties are heard.

Applicant apprehends arrest in connection with offences punishable u/Ss. 147, 148, 149 and 302 I.P.C. registered as Crime No. 130/2013 at Police Station Gohad Chauraha, District Bhind.

2. 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 anticipatory bail is made out.

3. The prosecution story alleges that the applicant has caused gun shot injury to the deceased, who had died on account of the said injury and, therefore on merits the case for anticipatory bail is not made out.

4. However, the learned counsel for applicant contends that the applicant was juvenile on 27.05.2013 when the accident occurred based upon his date of birth of 12.04.1996 and, therefore deserves bail as a matter of right so long as the question of his juvenility is not settled by the Juvenile Justice Board or by the trial Court as held by the decision of Single Bench of this Court in the case of Nagendra alias Pradeep Singh Vs. State of M.P. 2002 (II) MPWN 123.

5. Perus














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