Pawan Mankar vs The State Of Madhya Pradesh
2023 Latest Caselaw 15824 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                             ON THE 25 th OF SEPTEMBER, 2023
                                         MISC. CRIMINAL CASE No. 42724 of 2023

                           BETWEEN:-
                           PAWAN MANKAR S/O SHRI BHIMRAO MANKAR, AGED
                           ABOUT 30 YEARS, OCCUPATION: PRIVATE JOB (
                           WORING IN LIQUOUR SHOP) R/O FC- SECTOR
                           SARVDHARAM KOLAR ROAD BHOPAL DISTT. BHOPAL
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI ANKIT SAXENA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THORUGH POLICE
                           STATION KOLAR ROAD DISTRICT BHOPAL (MADHYA
                           PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI SANTOSH YADAV - GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This is first bail application filed by the applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.402/2023, registered at Police Station-Kolar Road, District Bhopal (M.P.) for the offence punishable under Section 34(2) of MP Excise Act.

2. Learned counsel appearing for applicant submitted that notice under Section 41-A of Cr.P.C. has been issued to applicant. In these circumstances, respondent may be directed to follow the judgment passed by Apex Court in case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273. Signature Not Verified Signed by: NEETI TIWARI Signing time: 26-09-2023 10:12:36

3. Learned Government Advocate appearing for the State opposed the application for grant of anticipatory bail.

4. Heard the counsel for the parties.

5. Considering aforesaid circumstance, bail application filed by applicant i s disposed off directing Investigating Officer concerned to comply with directions issued by the Apex Court in case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

6. Applicant is directed to co-operate in investigation of case and he will appear before Investigating Officer as and when required for investigation.

7. If applicant does not cooperate in investigation of case, then the

investigating officer is free to act in accordance with provisions of Criminal Procedure Code and directions issued by Apex Court in the case o f Arnesh Kumar (supra).

8. With aforesaid, bail application is disposed off. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 26-09-2023 10:12:36