KALLU SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This instant M.Cr.C. has been filed in the form of an application for modification of order dated 26.08.2019 passed by this court in M.Cr.C. No. 33963/2019.

(2.) Learned counsel for the petitioners submits that the petitioners have filed an application u/s 438 Cr.P.C., which was registered as M.Cr.C. No.33963/2019 and listed on 26.08.2019 for grant of anticipatory bail to them. The anticipatory bail was dismissed with the direction that "if petitioners-accused surrender themselves before police authority then arrest must be made after satisfying necessary parameters as mentioned in the judgment of Arnesh Kumar v. State of Bihar & another, (2014) 8 SCC 273." Hence, prays for modification of order dated 26.08.2019 and also prays to insert the word "disposed of" in place of 'dismissed' and further requested to give specific direction to the arresting authority, as to the condition laid down by the Hon'ble Apex Court in the case of Arnesh Kumar (supra).

(3.) Learned counsel for the State has opposed the prayer by submitting that no requirement to modify the order dated 26.08.2019 because anticipatory bail of the petitioners has been dismissed on merit but it is directed to the police authority to follow the principles laid down in the case of Arnesh Kumar (supra). The principles are very clear so no need to give specific direction in this regard.