Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 20902 MP

Madhya Pradesh High Court

Anil vs The State Of Madhya Pradesh on 11 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 11 th OF DECEMBER, 2023
                                          MISC. CRIMINAL CASE No. 54597 of 2023

                           BETWEEN:-
                           ANIL S/O KAILASH SOLANKI, AGED ABOUT 25 YEARS,
                           OCCUPATION: AGRICULTURE, R/O: KADELA BUJURG,
                           P.S. SADALPUR, DIST. DHAR (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI KAUSHAL SISODIYA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION EXCISE CIRCLE
                           DHAR, DIST. DHAR (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI SANTOSH THAKUR -GOVERNMENT ADVOCATE)

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

This is the first application filed by the applicant under Section 438 of the

Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.84/2023 registered at Police Station Excise Circle Dhar, District Dhar (M.P.) for the offence under Section 34(2) of M.P. Excise Act.

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Section 438 of Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.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 Anushree