Meherban Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20673 MP

Madhya Pradesh High Court

Meherban Singh vs The State Of Madhya Pradesh on 6 December, 2023

Author: Anil Verma

Bench: Anil Verma

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                             ON THE 6 th OF DECEMBER, 2023
                                        MISC. CRIMINAL CASE No. 51267 of 2023

                          BETWEEN:-
                          1.    MEHERBAN SINGH S/O GUMAN SINGH, AGED
                                ABOUT         60       YEARS, OCCUPATION:
                                AGRICULTURIST, R/O GRAM KAROHAN, SANWER
                                ROAD UJJAIN (MADHYA PRADESH)

                          2.    INDER KUNWAR W/O MEHERBAN SINGH, AGED
                                ABOUT 50 YEARS, OCCUPATION: HOUSEWIFE, R/O
                                GRAM KAROHAN, SANWER ROAD, UJJAIN DIST.
                                UJJAIN (MADHYA PRADESH)

                                                                                        .....APPLICANTS
                          (BY SHRI VIRENDRA SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION NANAKHEDA,
                          DISTT. UJJAIN (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI AMIT RAWAL - GOVT. ADVOCATE; AND
                          SHRI UMESH SHARMA - ADVOCATE FOR OBJECTOR)

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

This is the first application filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.569/2023 registered at Police Station Nanakheda, District Ujjain (M.P.) for the offence under Section 304-B and 34 Indian Penal Code, 1860.

2. After arguing for some time, learned counsel for the applicant prays

for withdrawal of the present anticipatory bail application with liberty to surrender before the trial Court and apply for regular bail.

3. Accordingly, the first anticipatory bail application preferred under Section 438 of Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.

4. The concerning police authorities are directed to ensure the necessary compliance of judgment dated 31/07/2023 passed by Hon'ble the Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and Another) arising out of SLP (Crl.) No.3433 of 2023 regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej