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2022 Supreme(MP) 1025

SUBODH ABHYANKAR
Sheru – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Umesh Sharma, Advocate, Gaurav Singh Chouhan, Advocate
Final Result : Allowed

JUDGMENT

Subodh abhyankar, J. - They are heard. Perused the case diary/challan papers.

This is the third application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.664/2021 registered at Police Station Jeevajiganj, District Ujjain (MP) for offence punishable under Section Section 307, 458, 34 of the Indian Penal Code, 1860. The applicant is in custody since 12/09/2021.

His first bail application M.Cr.C. No.52778/2021 was dismissed by this Court on 27/10/2021 as withdrawn and the second bail application M.Cr.C. No.57076/2021 was dismissed on 08/12/2021 as withdrawn, however, with liberty to renew prayer after the doctor is examined in the trial Court.

Counsel for the applicant has submitted that subsequently the doctor has already been examined in the Trial Court and he has not even mentioned the nature of injury suffered by him, however, it is admitted by him that the injuries were simple in nature. It is further submitted that even in the charge sheet, in the query report, it is mentioned that the injuries were simple in nature. Counsel has submitted that the applicant has been falsely implicated due to family dispute between

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