Smt. Gitabai vs The State Of Madhya Pradesh
2023 Latest Caselaw 19237 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                             ON THE 20 th OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 51309 of 2023

                           BETWEEN:-
                           1.    SMT. GITABAI W/O INDER SINGH, AGED ABOUT
                                 60   YEARS, OCCUPATION: HOUSEWIFE, R/O
                                 VILLAGE JAMUNIYA, P.S. SUSNER, DISTT. AGAR
                                 MALWA (MADHYA PRADESH)

                           2.    SMT. SAREKUNWARBAI W/O NARAYAN SINGH,
                                 AGED    ABOUT      30   YEARS, OCCUPATION:
                                 HOUSEWIFE, R/O DEHRIPAL, P.S MOHAN
                                 BABODIYA, DIST. SHAJAPUR (MADHYA PRADESH)

                                                                                         .....APPLICANTS
                           (BY SHRI MANOJ SAXENA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION SUSNER, DISTT.
                           AGAR MALWA (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI AMIT RAWAL - GOVT. ADVOCATE)

                                 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.348/2023 registered at Police Station Susner, District Shajapur (M.P.) for the offence under Section 34(2) of M.P. Excise Act, 1915 Indian Penal Code, 1860.

2. After arguing for some time, learned counsel for the applicants prays Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/21/2023 11:39:15 AM

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

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/21/2023 11:39:15 AM