Kaushalya Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 1166 MP

                                                          1                               WP-18215-2020
                                  The High Court Of Madhya Pradesh
                                             WP-18215-2020
                                    (KAUSHALYA BAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      4
                      Jabalpur, Dated : 31-03-2021
                              Shri A. P. Singh, learned counsel for the petitioner.
                              Shri Pushpendra Verma, learned Panel Lawyer for the State.
                              Counsel for the petitioner has filed this writ petition seeking writ of
                      mandamus to implement judgment of Apex Court in the matter of Sushila
                      Aggarwal and others Vs. State (NCT of Delhi) and another Petitioner

                      has filed an application for grant of anticipatory bail before this Court in
                      M.Cr.C.No. 317/2014. Said bail application was allowed vide order dated
                      1.4.2014. This Court passed an order that anticipatory bail order shall remain
                      in force for a period of 60 days and applicant may move an application for
                      regular bail before the Competent Court. Thereafter, petitioner could not
                      approach the Court by filing an application for anticipatory bail within the
                      stipulated time. Petitioner filed M.Cr.C.No. 5304/2014 before this Court for
                      extension of time period for moving regular bail.               Said M.Cr.C. was
                      dismissed by this Court on 12.8.2016. Before dismissal of petition under

                      Section 482 of the Code of Criminal Procedure, petitioner has filed an
                      application before this Court which was also dismissed by this Court granting
                      liberty to petitioner to surrender before the trial Court. Said order was passed
                      on 10.1.2017 in M.Cr.C.No. 15607/2016.
                              Petitioner has filed this writ petition submitting that in        matter of
                      Sushila Aggarwal (supra), it has been held             by the Apex Court that
                      anticipatory bail granted to accused will remain in force during whole period
                      of trial.
                              In view of     same, petitioner has made a prayer to issue writ of
                      mandamus to respondents to follow the order of Apex Court.

Counsel for the petitioner is directed to argue on the maintainability of

Signature Not this writ petition and address that whether subsequent order which has been SAN Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2021.04.01 11:10:29 IST 2 WP-18215-2020 passed by the Apex Court will be applicable in case of petitioner whose case has already been concluded by order of this Court in M.Cr.C.No. 16909/2017 dated 13.12.2018.

List the matter in the next week for consideration.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature
 SAN      Not
Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2021.04.01 11:10:29 IST