Rohit vs The State Of Madhya Pradesh
2023 Latest Caselaw 17911 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                                ON THE 27 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 47411 of 2023

                           BETWEEN:-
                           ROHIT S/O SHRI MANSHARAM, AGED ABOUT 22 YEARS,
                           OCCUPATION: LABOUR, R/O GRAM MANDIL, TEHSIL
                           RAJPUR, DISTT. BARWANI (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI PRAKASH CHANDRA SHRIVAS - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION RAJPUR,
                           DISTRICT BARWANI (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.347/2023 registered at Police Station Rajpur, District Barwani (M.P.) for the offence under Section 34(2) of 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Signature Not Verified Section 438 of Cr.P.C. is dismissed as withdrawn with the aforesaid liberty. Signed by: TEJPRAKASH VYAS Signing time: 10/27/2023 7:01:43 PM

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: 10/27/2023 7:01:43 PM