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2024 Supreme(Online)(MP) 19799
HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
Dharmendra Singh Gurjar – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 18829/2024
Daya Ram Sharma,Advocate General
The court emphasized the need for strict compliance with the guidelines and directions laid down by the Supreme Court and the High Court regarding arrest and bail in criminal cases.
Headnote:
Criminal Procedure - Code of Criminal Procedure, 1973 - Sections 27, 29, 50, 51 and 52 of Wild Life Protection Act - The court dismissed the anticipatory bail application with the direction to the Investigation Officer/Trial Court to ensure strict compliance with the guidelines and directions laid down in the Supreme Court judgments of Arnesh Kumar and Satender Kumar Antil, as well as the High Court of Madhya Pradesh notification, regarding arrest and bail in criminal cases.
Fact of the Case:
The applicant filed an application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail, apprehending his arrest in connection with a case registered under Sections 27, 29, 50, 51 and 52 of the Wild Life Protection Act.
Finding of the Court:
The court dismissed the anticipatory bail application as withdrawn, with the direction to the Investigation Officer/Trial Court to ensure strict compliance with the guidelines and directions laid down in the Supreme Court judgments of Arnesh Kumar and Satender Kumar Antil, as well as the High Court of Madhya Pradesh notification, regarding arrest and bail in criminal cases.
Issues: Whether the applicant should be granted anticipatory bail in the case registered under Sections 27, 29, 50, 51 and 52 of the Wild Life Protection Act.
Ratio Decidendi: The court dismissed the anticipatory bail application, directing the Investigation Officer/Trial Court to ensure strict compliance with the guidelines and directions laid down in the Supreme Court judgments of Arnesh Kumar and Satender Kumar Antil, as well as the High Court of Madhya Pradesh notification, regarding arrest and bail in criminal cases.
Final Decision: The anticipatory bail application was dismissed as withdrawn, with the direction to the Investigation Officer/Trial Court to ensure strict compliance with the guidelines and directions laid down in the Supreme Court judgments of Arnesh Kumar and Satender Kumar Antil, as well as the High Court of Madhya Pradesh notification, regarding arrest and bail in criminal cases.
ORDER
This first application has been filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 535 of 2021 registered at Police Station Game Ranger Chambal Abhyaran Devri, District Morena (M.P.) for offence punishable under Sections 27, 29, 50, 51 and 52 of Wild Life Protection Act.
Learned Counsel for the applicant requests to withdraw this application.
He further requests that a direction may be issued to the Investigation Officer/Trial Court to comply with the directions of the Supreme Court in cases of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, Satender Kumar Antil Vs. Central Bureau of investigation (2022) 10 SCC 51 and Notification No.A/5666/III-2-9/40 Pt-I F.No.15 dated 20/09/2023 issued by High Court of Madhya Pradesh, Jabalpur.
Request accepted.
This application is dismissed as withdrawn with the direction that the Investigation Officer/Trial Court shall ensure strict compliance with the guidelines and directions laid down in cases of Arnesh Kumar a n d Satender Kumar Antil (Supra) as well as in the light o f aforesaid notification issued by High Court of Madhya Pradesh and Para 9 and 10 of judgment of Siddharth vs. State of Uttar Pradesh & Another, reported in (2022) 1 SCC 676 and Amanpreet Singh Vs. CBI 2022 (13) SCC 764. C.C. as per rules. (SANJEEV S KALGAONKAR) JUDGE Avi
