Babulal @ Ramsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19701 MP

Madhya Pradesh High Court

Babulal @ Ramsingh vs The State Of Madhya Pradesh on 24 November, 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 24 th OF NOVEMBER, 2023
                                         MISC. CRIMINAL CASE No. 52079 of 2023

                           BETWEEN:-
                           1.    BABULAL @ RAMSINGH S/O PARASRAM, AGED
                                 ABOUT        36      YEARS, OCCUPATION:
                                 AGRICULTURIST,  R/O:  TOLAKHEDI,    P.S.
                                 SHAMGARH, DISTRICT MANDSAUR (MADHYA
                                 PRADESH)

                           2.    MADANLAL S/O MANSINGH, AGED ABOUT 41
                                 YE A R S , OCCUPATION: AGRICULTURIST, R/O:
                                 TOLAKHEDI, P.S. SHAMGARH, DISTT. MANDSAUR
                                 (MADHYA PRADESH)

                                                                                         .....APPLICANTS
                           (SHRI VIVEK SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION SHAMGARH,
                           DISTRICT MANDSAUR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (SHRI KAPIL MAHANT - PANEL LAWYER)

                                 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.445/2023 registered at Police Station Shamgarh, District Mandsaur (M.P.) for the offence under Sections 294, 323, 325, 307, 506 and 34 of Indian Penal Code, 1860.

2. Learned counsel for the applicants submits that both the applicants have been arrested by the Police, rendering the present anticipatory bail application infructuous.

3 . Accordingly, the first anticipatory bail application preferred under Section 438 of Cr.P.C. is dismissed being rendered infructuous.

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