Dhansingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17127 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                                ON THE 13 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 46044 of 2023

                           BETWEEN:-
                           DHANSINGH S/O MEHTAB BHEEL, AGED ABOUT 41
                           YEARS, OCCUPATION: AGRICULTURIST, R/O VILLAGE
                           SANGHVI, TEHSIL GOGAWA, DISTRICT KHARGONE
                           (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI HARSHVARDHAN PATHAK - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION OON, DISTRICT
                           KHARGONE (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 applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.350/2023 registered at Police Station Oon, District Khargone (M.P.) for the offence under Section 34(2) of the M.P.Excise Act, 1915.

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 Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/16/2023 11:10:22 AM

Section 438 of Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.

4. However, concerning police authorities are also 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: 10/16/2023 11:10:22 AM