Allowed

Akhtar Khan v. the State of Madhya Pradesh

Madhya Pradesh HC12 Aug 2016MCRC/8542/2016

Case brief

AI extract

What is this about?

This is a bail application under Section 439 Cr.P.C. The court allowed the application, directing the release of the accused on bail upon furnishing a bond of Rs. 50,000 with one solvent surety and complying with statutory conditions.

What did the court decide?

The accused was directed to be released on bail on furnishing a personal bond of Rs. 50,000 with one solvent surety.

Akhtar Khan Vs the State of Madhya Pradesh — Bail and Remand | Madhya Pradesh HC (2016)

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M.Cr.C.No.8542/2016 (Akhtar Khan Vs. State of M.P.)

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12.08.2016

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Shri Prasun Maheshwari, learned counsel for the applicant/accused.

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Shri R.D. Agarwal, learned Panel Lawyer for the respondent/State.

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Case diary is available and after investigation charge-sheet has been filed.

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This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.78/2016 registered at Police Station Nai Saray, District Ashoknagar for the offence punishable under Section 24 and 11 (gh) of Prevention of Cruelty to Animals Act and Sections 4 and 6/9 of MP Govansh Vadh Pratishedh Adhiniyam, 2004.

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Learned counsel for the applicant/accused submits that the applicant/accused who was driving vehicle has been falsely roped into this case with the allegation that a few cattle were being carried out by him in the truck for slaughtering. Counsel further submits that the alleged offences are not punishable for a imprisonment of more than seven years and the same are triable by JMFC. Learned counsel further submits that after investigation charge-sheet has been filed. Hence, he be granted bail.

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Learned Panel Lawyer for the State opposing the submissions made on behalf of the applicant/accused has prayed for rejection of the bail application.

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Heard the arguments of both the parties and perused the case diary.

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Considering the punishment of the offences, charge-sheet having been filed by the prosecution and custody period of the applicant/accused, the application is allowed. It is directed that the applicant/accused be released on bail on his furnishing a personal

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bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.

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A copy of this order be sent for compliance to the Court concerned.

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Certified copy as per rules.

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(M.K. Mudgal) Judge

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bj/-

Akhtar Khan v. the State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Akhtar Khan v. the State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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