Citation : 2023 Latest Caselaw 15229 MP
Judgement Date : 14 September, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
MCRC No. 24427 of 2023
(PRAMOD SETHI Vs THE STATE OF MADHYA PRADESH)
Dated : 14-09-2023
Shri Puneet Jain with Shri Umang Mehta and Shri Harshit Sharma,
learned counsel for the applicant.
Shri Tarun Pagare, learned Public Prosecutor for the
respondent/State.
An objection has been raised regarding maintainability of anticipatory bail
application in view of the provisions of Section 14 of M.P. Nikshepakon ke Hiton ka Sanrakshan Adhiniyam, 2000.
Counsel for the applicant argued that the pari materia provisions have been intepreted by the Division Bench of Chattisgarh High Court considering the judgments passed by the Supreme Court in the case of Hema Mishra vs. State of Uttar Pradesh and Ors. reported in 2014 (4) SCC 453 and Prathvi Raj Chauhan vs. Union of India and Ors. reported in 2020 (4) SCC 727 and it has been held that there is no absolute bar for grant of anticipatory bail in appropriate case of exceptional nature where complaint does not make out a
prima facie case.
Copy of the judgments have been supplied to the counsel for the State and he prays for time to argue the same.
Shri Aniket Naik, Dy.A.G present in Court has assured this Court that the file shall be alloted to the same Public Prosecutor so that the case is not adjourned further on argument on legal issue.
Considering the aforesaid, list the matter on 21/9/2023.
Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 9/14/2023 4:45:21 PM
(VIJAY KUMAR SHUKLA) JUDGE Pramod
Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 9/14/2023 4:45:21 PM
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