SURESH CHAND PATHAK Vs. STATE OF M P

JUDGEMENT

(1.) This case is taken up today for hearing on the question of legality and sustainability of the order dated 4th March, 2013 staying sine die operation of the order dated 20-11-12 on I.A. No. 7337/12, granting bail to co-convict/appellant No. 2-Banti alias Nogendra at the time of consideration of the application (I.A. No. 9/13) seeking suspension of sentence moved on behalf of the another co-accused/appellant No. 3-Khemraj @ Khemu Pathak. During the course of hearing on I.A. No. 9/13, Mukesh Pathak, who is complainant/son of the deceased Ramesh Chandra Pathak brought to the notice of this Court orally that in the premises of the Court, the accused/appellant No. 2-Banti @ Nogendra Pathak, who has been convicted in commission of murder of his father and sentenced to life imprisonment by the learned Trial Judge and whose sentence has been suspended by this Court in appeal and admitted to bail by order dated 20th November, 2012 with another person named Sunil Jaiswal, threatened him (Mukesh Kumar Pathak, the complainant) to keep himself away from the bail petition of another co-accused at the time of hearing. It may be mentioned here that the accused Banti @ Nogendra Pathak and his fellow Sunil Jaiswal self-presented before the Court and they repudiated the allegations as levelled against them.

(2.) After taking into account the allegations levelled by the complainant and their repudiation by the accused named above and after hearing the learned Public Prosecutor as well as the learned Counsel appearing on behalf of the accused/appellants, this Court by order dated 4th March, 2013 was pleased to issued the following:--

(3.) Under the aforesaid directions, the Superintendent of Police, Gwalior conducted an enquiry after recording and considering the statements in the light of the criminal background of the accused Banti @ Nogendra Pathak. The report so submitted by him mentions the following facts:--