Madhya Pradesh High Court

Rahul vs The State Of Madhya Pradesh on 1 May, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                   ON THE 1 st OF MAY, 2024
                                          MISC. CRIMINAL CASE No. 17661 of 2024

                           BETWEEN:-
                           RAHUL S/O BHARAT, AGED ABOUT 27 YEARS,
                           OCCUPATION: LABOURER VILLAGE LUNHERA SADAK
                           TEHSIL MANAWAR, DIST. DHAR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI MUKESH SINJONIA, LEARNED COUNSEL)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION MANAWAR,
                           DIST- DHAR (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI SHASHIKANT BHATI, LEARNED PUBLIC PROSECUTOR)

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

This is first bail application filed under section 438 of Cr.P.C in crime

No.341/2024 under section 34(1) & 34(2) of Excise Act registered at police station Manawar, Dist. Dhar.

2. Learned counsel for the applicant submits that the applicant has not been given notice under Section 41(a) as per the directions contained in the judgment of Arnesh Kumar Vs. State of Bihar reported in AIR 2014 SUPREME COURT 2756.

3. Considering the submission of learned counsel for the applicant, the

present application is disposed off with a direction to the respondent to serve a

notice to the applicant under Section 41(a) of Cr.P.C. in terms of the directions passed by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra) and to proceed thereafter in accordance with the law.

4. With the aforesaid, the application is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya