Vijaybanjara vs State of Madhya Pradesh

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2023 Supreme(MP) 474

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Sunita Yadav, J.
Vijaybanjara – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Petition No. 4743 of 2023
Decided On : 30-01-2023

Important Points

The court's decision emphasized the importance of expeditiously deciding the regular bail application in accordance with the law.

Subject

Criminal Law - Bail Proceedings

Act Referred

CRIMINAL PROCEDURE CODE : S.438
INDIAN PENAL CODE : S.34(1), S.34(2), S.49(a)

Headnote

Anticipatory Bail - Criminal Law - The court granted the applicant permission to withdraw the first anticipatory bail application under Section 438 of Cr.P.C. and directed the trial court to decide the regular bail application expeditiously.

Fact of the Case:

The applicant sought permission to withdraw the first anticipatory bail application under Section 438 of Cr.P.C. for the offence punishable under Sections 34(1)(2), 49(A) of IPC and requested the trial court to decide the regular bail application expeditiously.

Finding of the Court:

The court granted the applicant permission to withdraw the anticipatory bail application and directed the trial court to decide the regular bail application expeditiously in accordance with the law.

Issues:

Ratio Decidendi:

Final Decision: The application for anticipatory bail was dismissed as withdrawn, and the trial court was directed to decide the regular bail application expeditiously.

Advocates Appeared:
Pavan Kumar Vijaywargiya, Advocate, R.K. Awasthi, Advocate
Final Result : Dismissed

JUDGMENT

Sunita Yadav, J. - Learned counsel for the applicant seeks for and is granted permission to withdraw this first anticipatory bail application under Section 438 of Cr.P.C. filed in connection with Crime No. 94/2022 registered at Police Station Excise Circle Karahal, District Sheopur (M.P.) for the offence punishable under Sections 34(1)(2), 49(A) of IPC with liberty to surrender before the trial Court and file an application for regular bail. It is further prayed that the trial Court be directed to decide the regular bail application of the applicant as expeditiously as possible.

2. With aforesaid liberty, the application is dismissed as withdrawn. Trial Court is directed to decide the regular bail application of the applicant, as expeditiously as possible in accordance with law.