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1 M.Cr.C.No.5621/2020
:SINGLE BENCH:
{HON'BLE SHRI JUSTICE ANAND PATHAK}
2 M.Cr.C.No.5621/2020
Cr.P.C.
*************
ORDER
{Delivered on 12th day of May, 2020}
that police has registered a false case against him. As per FIR,
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view of the legal position that when any person has been
Regulation 789 (as per case diary of instant case) then his
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the prayer and on the basis of case diary submits that the
(supra).
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10. Shri Saxena, learned senior counsel was ably assisted by Shri
Shrivastava, Advocates.
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passed on 29-01-2020.
Panchnama.
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filing of charge-sheet.
14. Shri V.D. Sharma, learned amicus curiae also placed his
of India report No.268 of the year 2017 which deal with the
judgments relied upon, he tried to bring home the fact that mere
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arrested but with the only caveat/condition that each case bears
15. Heard learned counsel for the parties as well as learned Amicus
16. Here, the factual contours of case indicates that the applicant
and prosecutrix are in their forties (aged 41-42 years) and as per
was also filed earlier by the parties to settle their dispute but
Court.
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any time so long as the applicant has not been arrested, meaning
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667 and Adri Dharam Das Vs. State of West Bengal, (2005) 4
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under:
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reference:
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28. The word 'Entitled' used in the above referred para of Lavesh
Agency.
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is not arrested.
30. Full Bench decision of this Court in the case of Jabalpur Bus
others, 2003 (1) MPLJ 513 has dealt with law of precedent
and rule of stare decisis. One can suitably take guidance from
the said Full Court decision of this Court which is based upon
in this regard. This Court can profitably rely upon the ratio of
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82 of Cr.P.C. are not given effect to yet (as per case-diary) and
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of those factors are not satisfied then the Court certainly has
34. So far as present set of facts are concerned from the case diary
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investigation purpose.
any opinion on the merits of the case, I intend to allow this bail
within one and half month as and when situation moves out of
Lock-down.
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Shri Atul Gupta and Shri S.K. Shrivastava as well as Shri V.D.
acknowledgment.
(Anand Pathak)
Anil* Judge