Smt. Razia Bee vs The State Of Madhya Pradesh
2024 Latest Caselaw 15684 MP

Madhya Pradesh High Court

Smt. Razia Bee vs The State Of Madhya Pradesh on 27 May, 2024

Author: Anil Verma

Bench: Anil Verma

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                                   ON THE 27 th OF MAY, 2024
                                          MISC. CRIMINAL CASE No. 20243 of 2024

                           BETWEEN:-
                           SMT. RAZIA BEE W/O SHAHBAZ AHMAD, AGED ABOUT
                           37 YEARS, OCCUPATION: HOUSEHOLD WORK KABIR
                           MARG, DHAR (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI SIRAJ AHAMAD KHAN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION AABKARI VRTT
                           DISTRICT DHAR (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI SHALABH SHARMA - 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.807/2023 registered at Police Station Aabkari Vratt, District Dhar (M.P.) for the offence under Sections 34(1)(A) and 34(2) of the Excise Act.

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

Section 438 of Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.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