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2023 Supreme(MP) 651

PRANAY VERMA
Praveen Damke – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Sarika Athale, Advocate, Koustubh Pathak, Advocate
Final Result : Allowed

JUDGMENT

Pranay Verma, J. - They are heard. Perused the case diary /challan papers.

2. This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.425/2022, registered at Police Station Barwani, District Barwani (MP) for offence punishable under Sections 302, 307, 147, 148 and 149 of the IPC.

3. The applicant is in custody since 19.07.2022.

4. As per the prosecution, Kavita daughter of co-accused Kailash Damke had married Lakhan without his consent. On that count Kailash was quite angry with him and on 11.06.2022 at about 3.30 p.m. came to his house and argued with him and abused him. Thereafter at 9.00 p.m. in front of Panwadi Mohalla, Manglik Bhawan Kailash, Lakki, Lokesh and the other co-accused including the present applicant beat Aditya and Sunil with an intention to kill them. Kailash assaulted Aditya with a knife on his head and back. Lucky assaulted Lakhan with knife and Lokesh assaulted Lakhan and Aditya with a danda (stick) on his head resulting in grievous injuries to him. All the other co-accused also beat the complainant with hands and fists and also on various parts of the body. As a result o

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