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2022 Supreme(MP) 1351
IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Nitesh Rai – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57498 of 2022
Decided On : 06-12-2022
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
Headnote
Withdrawal - Bail Application - The court allowed the withdrawal of the bail application filed under Section 438 of the Code of Criminal Procedure, with liberty to move a regular bail application before the trial Court.
Fact of the Case:
The counsel for the applicant sought withdrawal of the first bail application filed under Section 438 of the Code of Criminal Procedure, with liberty to move a regular bail application before the trial Court.
Finding of the Court:
The court allowed the withdrawal of the bail application and dismissed it as withdrawn with the liberty to move a regular bail application before the trial Court. The trial Court was directed to consider the regular bail application possibly on the same day.
Issues:
Ratio Decidendi:
Final Decision: The bail application was dismissed as withdrawn with the liberty to move a regular bail application before the trial Court.
Rajeev Kumar Badkur, Advocate, L.A.S. Baghel, Advocate
Final Result : Dismissed
JUDGMENT
Sanjay Dwivedi, J. - After arguing at length, the counsel for the applicant seeks withdrawal of this first bail application filed under Section 438 of the Code of Criminal Procedure on behalf of the applicant, with liberty to move regular bail application before the trial Court.
2. Prayer is allowed.
3. Accordingly, this bail application is dismissed as withdrawn with the aforesaid liberty.
4. If regular bail application is filed by the applicant, the trial Court shall consider the same possibly on the same day.
