Amjad vs The State Of Madhya Pradesh
2021 Latest Caselaw 6665 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                   M.Cr.C. No.47846 of 2021
                   Amjad Vs. State of M.P.

Indore, Dated:- 22/10/2021
     Shri Ayush Agrawal, Counsel for the applicant - Amjad.

     Shri A. S. Parihar, Counsel for the respondent/State.

They are heard. Perused the case diary / challan papers.

This is the first application under Section 439 of Criminal

Procedure Code, 1973, as he is implicated in connection with

Crime No.528/2021 registered at Police Station Kasrawad,

District Khargone (MP) for offence punishable under Sections 4,

6 and 9 of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 and

Section 11 of The Prevention of Cruelty to Animals Act, 1960.

The applicant is in custody since 09/09/2021.

The allegation against the applicant is that he was found in

possession of five cow progeny, which according to the applicant

was purchased by him, the receipts regarding which have also

been placed on record.

Counsel for the applicant has submitted that the charge-

sheet has already been filed and the applicant is in jail since

09.09.2021 and the final conclusion of trial is likely to take

sufficient long time. Counsel has further submitted that so far as

the criminal antecedent of the applicant is concerned, two more

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.47846 of 2021 Amjad Vs. State of M.P.

cases under IPC of minor in nature have been registered against

him in which he has already been acquitted. The judgments of

acquittal have also been placed on record.

Counsel for the respondent/State, on the other hand, has

opposed the prayer.

Having considered rival submissions and on perusal of the

case-diary, this Court is inclined to accept the contentions raised

by the Counsel for the applicant to allow the application.

Accordingly, without commenting on the merits of the

case, the application filed by the applicant is allowed. The

applicant is directed to be released on bail upon furnishing a

personal bond in the sum of Rs.50,000/- (rupees fifty thousand)

with one solvent surety of the like amount 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 Court concerned during trial and shall also abide by the

conditions enumerated under Section 437 (3) Criminal Procedure

Code, 1973.

It is also observed that if the applicant is found to be involved

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.47846 of 2021 Amjad Vs. State of M.P.

in any of the criminal activities, after his release on bail, then the

present bail order shall stand cancelled without further reference

to this Court; and the State/prosecution will be free to arrest the

accused in the present case also.

This order shall be effective till the end of the trial,

however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.10.22 18:05:38 +05'30'