STATE OF M P Vs. JITENDRA SINGH

JUDGEMENT

(1.) Heard on admission. The appeal is listed for admission because earlier Division Bench of this Court granted leave to file an appeal. The Division Bench of this Court further ordered that non-bailable warrant of arrest be issued against the respondents. The application for leave to appeal was filed by the State against the judgment of acquittal dated 18th December, 2010 passed by the trial Court in Sessions Trial No. 199/2006. By the aforesaid judgment, the trial Court acquitted the respondents from the offences punishable under Sections 148 and 302 in alternative Section 302 read with Section 149 of IPC. The Division Bench of this Court while granting leave to file an appeal also directed to register the matter as regular criminal appeal and list it for admission. Non-bailable warrant of arrest was also issued against the respondents.

(2.) The appeal has not been admitted as yet.

(3.) Shri Ramkesh Singh, learned counsel appearing on behalf of the respondent No. 1 has contended that the appeal has not been admitted as yet and the Division Bench of this Court while issuing non-bailable warrant of arrest against the respondents, at the time of granting leave to file an appeal, has committed an error because when the appeal is not admitted, warrant of arrest could not be issued. He further submitted that in appeal against the judgment of acquittal normally non-bailable warrant of arrest could not be issued.