Single judge allowed a second bail application filed by a petitioner in custody alleging false implication. The court granted bail by furnishing a personal bond with surety subject to standard conditions without commenting on merits.
Released on bail by furnishing personal bond of Rs. 50,000 with a solvent surety in the same amount.
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MCRC-31568-2019
1
The High Court Of Madhya Pradesh
MCRC-31568-2019
(SHAHZAD KHAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated :09-08-2019
Shri Rahul Kumar Tripathi, learned counsel for the applicant.
Shri Shivam Hazari, P.L. for the respondent/State. Heard.Case diary perused.
This is second bail application under Section 439 of Cr.P.C. First application was dismissed as withdrawn with liberty to renew the prayer after filing of the charge sheet vide order dated 24/7/2019 passed in MCrC No.22610/2019. Applicant Shahzad Khan was arrested on 12/5/2019 in Crime No.145/2018 registered at Police Station, Kurai, Distt. Seoni (M.P.) for the offences punishable under Sections 4,6 & 9 of the M.P. Govansh Vadh Pratishedh Adhiniyam and Section 6 & 7 of the M.P. Agricultural Cattle Preservation Act and Sections 10 & 11-D of the Prevention of Cruelty to Animals Act.
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. Alleged offences are triable by Judicial Magistrate First Class. The applicant is in custody since 12/5/2019. Charge sheet has been filed and the conclusion of the trial is likely to take long time, hence prayed for the release of the applicant on bail.
On the other hand, learned counsel for the respondent/State opposed the prayer.
Looking to the facts and circumstances of the case and as to the fact that the alleged offences are triable by the Judicial Magistrate First Class, he is in custody since 12/5/2019, charge sheet has been filed and conclusion of trial will take time, so without commenting anything on merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent Surety in the like amount to the satisfaction of
Digitally signed by MONIKA CHOURASIA Date: 13/08/2019 13:54:20
MCRC-31568-2019
2
the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1.The applicant will comply with all the terms and conditions of the bond executed by him;
2.The applicant will cooperate in the trial;
3.The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial
Court.
A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(RAJEEV KUMAR DUBEY) JUDGE
m/-
Digitally signed by MONIKA CHOURASIA Date: 13/08/2019 13:54:20
1 issue framed by the court
Whether the applicant is entitled to release on bail under Section 439 Cr.P.C. considering the lengthy trial and custody duration.
4 provisions across 4 enactments
SHAHZAD KHAN
THE STATE OF MADHYA PRADESH
RAJEEV KUMAR DUBEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
