Allowed

Vasim Ahmed v. the State of Madhya Pradesh

Madhya Pradesh HC5 Dec 2023MCRC/44326/2023

Case brief

AI extract

What is this about?

Single judge allowed first bail application under Section 439 Cr.P.C. for applicant arrested for cattle smuggling and cruelty to animals offences in MP, directing release on bonds without commenting on merits.

What did the court decide?

Applicant released on bail on personal bond of Rs.1,00,000 with two solvent sureties of Rs.50,000 each to satisfy trial Court, appearing on all dates.

Vasim Ahmed Vs the State of Madhya Pradesh — Bail and Remand | Madhya Pradesh HC (2023)

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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

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BEFORE

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HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 5^th OF DECEMBER, 2023

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MISC. CRIMINAL CASE No. 44326 of 2023

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BETWEEN:-

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VASIM AHMED S/O SAMSUDDIN AHMED, AGED ABOUT 43 YEARS, OCCUPATION: LABOURER R/O NEAR NOORI MEHBUBIYA MASJID PLOT NO.956 UPPALWADI NAGPUR (MAHARASHTRA)

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.....APPLICANT

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(BY SHRI VITTHAL RAO - ADVOCATE)

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AND

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THE STATE OF MADHYA PRADESH THROUGH POLICE STATION AND TAHSIL SAUSAR DISTRICT CHHINDWARA (MADHYA PRADESH)

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.....RESPONDENT

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(BY SHRI C.K. MISHRA - GOVERNMENT ADVOCATE)

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

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ORDER

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This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.374/2023 dated 14.09.2023, registered at Police Station - Sausar, District - Chhindwara (M.P.) for commission of offence under Sections 4, 6, 9 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004, Sections 10, 11 of Prevention of Cruelty to Animals Act, 1960 and Sections 66/192, 130/177 of the Motor Vehicle Act. Applicant is in detention since 14.09.2023.

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2. As per the prosecution story, on 14.09.2023, on the basis of secret

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Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 12 /6/2023 10:42:51 AM

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information received from the informer, one white colour Pickup vehicle bearing registration No.MH-36-F-1864 was given signal to stop, but driver of the vehicle instead of stopping it, sped up, it was chased by the police. After sometime, the driver parked the vehicle by the side of road. When accused alongwith other was trying to fled away by leaving the vehicle, he was arrested with the help of the villagers. They introduced themselves as Vasim Ahmed (vehicle driver) and Ameen Qureshi (vehicle owner). In search of the vehicle, 13 cattle of cow progeny were found being transported in it and out of these cattles, 3 were found in dead condition. F.I.R. was registered. After investigation, charge-sheet has been filed.

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3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No cattle were being transported by him in the vehicle. Offences are triable by Judicial Magistrate First Class. After investigation, charge-sheet has been filed. Trial of the case will take considerable time. Therefore, it has been prayed that applicant may be released on bail pending the trial.

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4. On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant on the ground that applicant is having criminal background of two cases of same nature.

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5. In the case, after investigation, charge-sheet has already been filed. Offences are triable by JMFC. Trial of the case will take considerable time. Therefore, having taken into consideration all the facts and circumstances of the case and the detention period of the applicant, but without commenting on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of

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Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 12 /6/2023 10:42:51 AM

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bail filed on behalf of applicant, stands allowed.

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6. It is directed that applicant - Vasim Ahmed be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two local solvent sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

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7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

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Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
@shish

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Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 12 /6/2023 10:42:51 AM

Vasim Ahmed v. the State of Madhya Pradesh

Case brief

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Vasim Ahmed v. the State of Madhya Pradesh

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