Allowed

Iqbal Kha v. the State of Madhya Pradesh

Madhya Pradesh HC7 Dec 2018MCRC/46175/2018

Case brief

AI extract

What is this about?

This single bench order heard a first bail application filed by a driver declared absconding for offences under the MP Cow Protection Act and Prevention of Cruelty to Animals Act. The High Court, without merits discussion, granted bail subject to deposit of Rs. 5,000 and furnishing a bail bond of Rs. 20,000.

What did the court decide?

Bail allowed conditioned on depositing Rs. 5,000 from the previous bond before the trial Court and furnishing a new bond of Rs. 20,000 with one surety.

Iqbal Kha Vs the State of Madhya Pradesh — Bail and Remand | Madhya Pradesh HC (2018)

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THE HIGH COURT OF MADHYA PRADESH

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M.Cr.C. No. 46175/2018

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( Iqbal Kha Vs. State of M.P.)

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Jabalpur, Dated: 07.12.2018

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Shri K.N. Fakruddin, learned counsel for the applicant. Shri Santosh Yadav, learned PL for the respondent/State. Heard.

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Case diary perused.

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This is first bail application under Section 439 of Cr.P.C in connection with Crime No.203/2009 registered at Police Station Jawar Distt. Sehore for the offence under Sections 4, 6 & 9 of M.P. Pratishedh Adhiniyam, 2004; Section 11 (d), (e), (f) of Pashu Krurta Adhiniyam 1966; Section 15 (a) of M.P. Motor Karadhan Adhiniyam, 1991 and Section 19 (b) of Prevention of Cruelty to Animals Act, 1960.

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Learned counsel for the applicant submits that the applicant is a driver. Earlier, the applicant was released on bail, however, he could not appear before the trial Court on 16.08.2010 and since then he continuously did not appear before the trial Court and therefore, on 19.11.2011 he was declared as absconding and perpetual warrant of arrest has been issued against the applicant. He was arrested on 10.10.2018. The applicant assures that he will be regular in appearance before the trial Court in future on the given dates. It is also submitted that the applicant is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail since 10.10.2018. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

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THE HIGH COURT OF MADHYA PRADESH

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Per-contra, learned Panel Lawyer for the respondentState opposes the bail application.

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Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the fact that earlier the applicant was released on bail, without expressing any view on the merits of the case, I am of the view that if the applicant deposits a sum of Rs.5,000/- from his previous bond before the trial Court, then application under Section 439 of Cr.P.C. filed by the applicant may be accepted. Consequently it is hereby allowed with aforesaid condition.

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It is directed that if the present applicant produces receipt evidencing deposit of Rs.5,000/- before the trial Court, then he be released on bail on furnishing a bond in sum of Rs.20,000/- (Rupees Twenty thousand) with one surety of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the concerned Court.

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Certified copy as per rules.

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(Mohd. Fahim Anwar) Judge

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skm

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Digitally signed by SANTOSH MASSEY Date: 2018.12.07 16:38:03 +05'30'

Iqbal Kha v. the State of Madhya Pradesh

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Iqbal Kha v. the State of Madhya Pradesh

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