Allowed

Jeetram v. the State of Madhya Pradesh

Madhya Pradesh HC27 Oct 2022MCRC/49452/2022

Case brief

AI extract

What is this about?

Hon'ble Justice Dinesh Kumar Palival allowed the first bail application filed under Section 439 CrPC, releasing the applicants who were accused of cow-killing offences pending trial, subject to personal bond and surety with specific conditions. The court did not express an opinion on the merits of the case.

What did the court decide?

Applicants released on bail pending trial upon furnishing personal bond of Rs.50,000 each with one solvent surety to the satisfaction of the Trial Court.

Jeetram Vs the State of Madhya Pradesh — Pension and Retirement Benefits | Madhya Pradesh HC (2022)

¶1

¶2

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

¶3

BEFORE

¶4

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 27^th OF OCTOBER, 2022

¶5

MISC. CRIMINAL CASE No. 49452 of 2022

¶6

BETWEEN:-

¶7

1. JEETRAM S/O NEMI, AGED ABOUT 47 YEARS, OCCUPATION: LABOUR R/O VILLAGE LAMAJOTI P.S. LAKHANWADA DISTRICT SEONI (MADHYA PRADESH)

¶8

2. SHANKAR S/O RAMDAYAL, AGED ABOUT 22 YEARS, OCCUPATION: LABOUR R/O VILLAGE LAMAJOTI POLICE STATION LAKHANWADA DISTRICT SEONI (MADHYA PRADESH)

¶9

.....PETITIONERS

¶10

(BY SHRI JITENDRA SHRIVASTAVA-ADVOCATE) AND

¶11

THE STATE OF MADHYA PRADESH THROUGH POLICE STATION LAKHANWADA SEONI (MADHYA PRADESH)

¶12

.....RESPONDENT (BY SHRI PRAMOD CHOUBEY-DEPUTY GOVERNMENT ADVOCATE)

¶13

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

¶14

following:

¶15

ORDER

¶16

This is first bail application filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure for grant of bail pending the trial.

¶17

The applicants have been arrested in connection with Crime No.350/2022 registered at P.S.-Lakhanwada, District-Seoni (M.P.) for the offence punishable

¶18

Signature Not Verified Signed by: BIJU BABY Signing time: 10/28/202 2 11 :26:51 AM

¶19

2 under Sections 4,6,9 of Govansh Vadh Pratishedh Adhiniyam, 2004 and Sections 10, 11 of Prevention of Cruelty to Animals Act, 1960. The applicants are in jail since 24.09.2022.

¶20

As per the prosecution story, on 23.09.2022, 8 kg. meat belonging to cow progeny was seized from the possession of the applicants. In investigation, it was found that for the meat purpose they had killed a calf belonging to cow progeny. On the basis of information furnished by them, head and feet of the calf were seized near the pond.

¶21

Learned counsel for the applicants has submitted that applicants have not committed any offence. They have been falsely implicated. Applicant Shankar is 22 years old young boy with no criminal background. It is further submitted that one case under Section 325 IPC was registered against applicant Jeetram long back in 2016 but he has been acquitted in that case. Offence is triable by Judicial Magistrate First Class. Trial of the case will take considerable time. Therefore, it has been prayed that the applicants /accused be released on bail pending the trial.

¶22

On the other hand, learned Deputy Government Advocate has opposed the grant of bail to the applicants/accused.

¶23

After investigation, charge sheet has been filed. Offences are triable by Court of Judicial Magistrate First Class. Trial of the case will take considerable time. Therefore, without expressing any opinion on the merits of the case but having taken into consideration all the facts and circumstances of the case, I am of the view that it is a case in which applicants/accused may be released on bail. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.

¶24

It is directed that applicants-Jeetram and Shankar be released on bail

¶25

Signature Not Verified Signed by: BIJU BABY Signing time: 10/28/202 2 11 :26:51 AM

¶26

¶27

on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

¶28

This order will remain operative subject to compliance of the following conditions by the applicants:-

¶29

1. The applicants will comply with all the terms and conditions of the bond executed by them;

¶30

2. The applicants will cooperate in the trial;

¶31

3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

¶32

4. The applicants shall not commit an offence similar to the offence of which they are accused;

¶33

5. The applicants will not seek unnecessary adjournments during the trial. This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

¶34

Certified copy as per rules.

¶35

(DINESH KUMAR PALIWAL) JUDGE

¶36

¶37

Signature Not Verified Signed by: BIJU BABY Signing time: 10/28/202 2 11 :26:51 AM

Jeetram v. the State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Jeetram 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

Case details

Similar cases