Madhya Pradesh High Court

MCRC/57393/2023 of MOHAMMAD SALIM Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDORE

BEFORE

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 57393 of 2023

BETWEEN:-

MOHAMMAD SALIM S/O MOHAMMAD HUSSAIN KHAN,AGED ABOUT 35 YEARS, OCCUPATION: LABORER 766,NANDA NAGAR, INDORE, AT PRESENT:- NEARMADARPURA, BUS STAND, MANDSOUR DISTRICTMANDSOUR (MADHYA PRADESH)

(BY SHRI ANOPAM CHOUHAN - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION SENDHWAGRAMIN, DISTRICT BARWANI (MADHYA PRADESH)

(BY SHRI SAGAR MULEY - PP)

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.34/2023 registered at Police Station Sendhwa Gramin, Distt. Barwani (M.P.) under Sections 34(2) ofExcise Act, Sec.4,6,9 of MP Govansh Pratished Adhiniyam, 2004, u/S.11 ofPrevention of Cruelty to Animals Act, 1960, Sec.6(a), 6(b)(1), 7,10 of MPAgriculture Cattle Preservation Act, 1959.

The prosecution case is that on a secret information, a trap wasconducted on AB Road. On seeing the trap party, the vehicle was stopped and the driver has ran away from the spot. On checking the alleged loading vehicleit was found that 12 cattle tied with rope and 01 cattle was in dead state, andtwo white coloured plastic cans containing raw Mahua liquor 30 litres and 25litres each totalling of 55 litres was found inside the vehicle.

Counsel for applicant submits that the applicant is neither registeredowner of the vehicle nor he was caught at the spot. The registered owner of thevehicle is one Rajendra Kumar Khandelwal.

Counsel for State opposed the prayer and submits that in thememorandum u/S.27 of Indian Evidence Act, the applicant has stated aboutcommission of the offence and there is one criminal record of similar natureagainst the applicant.

After hearing learned counsel for parties and taking into considerationthat there is no any material except the statement of the present applicant u/S.27of the Evidence Act, the criminal record which has been shown by the applicantregistered in State of Maharashtra does not prove prove at this stage that thecase is against the present applicant. The investigation has been completed,charge sheet has been filed. No further custodial interrogation is required.

In view of the aforesaid, I am of the view that the applicant is entitledfor grant of bail. Therefore, without expressing any view on the merits of thecase, the application is allowed.

It is directed that Applicant shall be released from custody uponfurnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) withone surety of the like amount to the satisfaction of the Ld. Court below.

It is further made clear that if it is found that the applicant is involvedin any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty toarrest the applicant.

A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the Ld.Court below.

VM

(VIJAY KUMAR SHUKLA)JUDGE

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