Lalita @ Lalli Tomar vs State of Madhya Pradesh

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2023 Supreme(MP) 611

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Lalita @ Lalli Tomar & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 2329 of 2023
Decided On : 16-01-2023

Important Points

The court's decision emphasized the option for the applicants to surrender before the trial court and apply for regular bail, to be considered expeditiously, preferably on the same day.

Subject

Criminal Law - Bail Proceedings

Act Referred

CRIMINAL PROCEDURE CODE : S.438

Headnote

Anticipatory Bail - Criminal Procedure Code - The court dismissed the first anticipatory bail application with liberty to surrender before the trial court and apply for regular bail, to be considered expeditiously, preferably on the same day.

Fact of the Case:

The applicant sought permission to withdraw the first anticipatory bail application and surrender before the trial court, with a request for the trial court to decide the regular bail application on the same day.

Finding of the Court:

The court dismissed the first anticipatory bail application as withdrawn, granting the applicants liberty to surrender before the trial court and apply for regular bail, to be considered expeditiously, preferably on the same day.

Issues:

Ratio Decidendi:

Final Decision: The first anticipatory bail application was dismissed as withdrawn with liberty to the applicants to surrender before the trial court and move an application for regular bail, to be considered expeditiously, preferably on the same day.

Advocates Appeared:
Dharmendra Nayak, Advocate, Rohit Mishra, Advocate
Final Result : Dismissed

JUDGMENT

Deepak Kumar Agarwal, J. - Learned counsel for the applicants seeks permission of this Court to withdraw this first anticipatory bail application filed under Section 438 Cr.P.C. with liberty to surrender before the trial Court concerned and the trial Court may be directed to decide the application for regular bail on the same day.

2. Accordingly, this first anticipatory bail application is dismissed as withdrawn with a liberty to the applicants to surrender themselves before the trial Court concerned and move an application for regular bail which shall be considered by the trial Court concerned as expeditiously as possible, preferably on the same day.

Cc as per rules.