The State Of Madhya Pradesh vs Saligram
2023 Latest Caselaw 12683 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
             HON'BLE SHRI JUSTICE ROHIT ARYA
                             &
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 7 th OF AUGUST, 2023
                     CRIMINAL APPEAL No. 3572 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
THANA PAWAI, DISTRICT BHIND (MADHYA PRADESH).

                                                                .....APPELLANT
(SMT.ANJALI  GYANANI          -   PUBLIC     PROSECUTOR         FOR   THE
APPLICANT/STATE )

AND
SALIGRAM S/O GABBAR SINGH GURJAR, AGED ABOUT
26  YEARS, R/O KHILLI SUKAND THANA GORMI,
DISTRICT BHIND (MADHYA PRADESH).

                                                               .....RESPONDENT


      Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
                                    ORDER

Heard on IA No.5357/2023, an application preferred under Section 5 of the Limitation Act As per office report, the appeal is barred by 75 days. For the reasons mentioned in the application, same is allowed and the delay of 75 days in filing instant appeal stands condoned.

Further heard on IA No. 4742 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment dated

19.09.2022 passed by Second Additional Sessions Judge, Bhind (Madhya Pradesh) in Sessions Trial No.1500183/2016, seeking leave to appeal.

T h e conclusion of acquittal drawn in favour of the respondent particularly, in view of paragraphs 13, 14, 17, 32, 33, 34, 39 and 40 of the impugned judgment, appears to be reasonable and plausible based on proper appreciation of evidence. The judgment and the reasoning thereof, are not manifestly illegal or perverse to make out a case of miscarriage of justice. The judgment is impregnable as neither there is any illegality nor irregularity in the finding so recorded. Therefore, no compelling or substantial reasons for interference by this appellate Court and for grant of leave to appeal, are made

out.

Accordingly, IA No. 4742 of 2023 is rejected.

Consequently, the present appeal is dismissed.

        (ROHIT ARYA)                               (DEEPAK KUMAR AGARWAL)
           JUDGE                                            JUDGE
   SP


SANJEEV
KUMAR PHANSE
2023.08.08
17:24:22 +05'30'