Yuvraj Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 11337 MP

                                                               1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 20 th OF JULY, 2023
                                          MISC. CRIMINAL CASE No. 25600 of 2023

                          BETWEEN:-
                          YUVRAJ LODHI S/O RAJENDRA SINGH @ RAJJU LODHI,
                          AGED ABOUT 28 YEARS, OCCUPATION: PRIVATE JOB
                          RESIDENT OF VILLAGE BAHROL TAHSIL BANDA
                          DISTRICT SAGAR (MADHYA PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI SOURABH SINGH THAKUR - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THORUGH POLICE
                          STATION RAHATGARH DISTRICT SAGAR (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI N. K. CHOURASIYA - GOVT. ADVOCATE)

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

Applicant has filed this petition under Section 482 of the Cr.P.C. for grant of bail to the applicant.

2. It is submitted by counsel for the applicant that applicant is entitled for grant of bail under Section 437(6) of the Cr.P.C. 1973. It is submitted that provision is mandatory in nature. In these circumstances, applicant may be enlarged on bail.

3. Govt. Advocate for the State has opposed the said prayer. It is submitted that application was dismissed by Judicial Magistrate First Class. Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 7/21/2023 11:12:58 AM

Thereafter, Revision was filed and Revisional Court has also dismissed the application relying on the judgment passed in case of Devraj Maratha Vs. State of M.P. 2018 SCC Online M.P. 151. In said case it has been held that Section 437 (6) of the Cr.P.C is mandatory in nature and Magistrate is required to exercise his power for granting bail after statutory period but said provision does not say that bail is to be granted to the accused persons. Revisional Court has passed well reasoned order and there is no reason for interfering in the order dated 15.5.2023.

4. Petition filed by the applicant is dismissed.

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 7/21/2023 11:12:58 AM