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2020 DIGILAW 829 (MP)

Babu v. State Of M. P.

2020-08-25

VIVEK RUSIA

body2020
JUDGMENT Vivek Rusia , J. - This is First application under Section 439 Cr.P.C. by applicants Babu S/o Mushtaq Kaliya and Jabir S/o Allahnur Moda, who have been arrested by Police on 11.07.2020 in Crime No.271/2020, Police Station Y.D.Nagar, District Mandsaur, concerning offence under Sections 4, 6, 9 of M.P. Govansh Vadh Pratished Adhiniyam, 2004 and Sections 6(A), 6(B)(1), 10, 11 of M.P. Krashak Pashu Parirakshan Adhiniyam and Section 49-A of M.P. Excise Act and under Section 132/177 (1), 3/181, 146/196 of Motor Vehicles Act. 2. At the very outset learned counsel for the applicants submits that he is not pressing application filed on behalf of applicant No.1 Babu S/o Mushtaq Kaliya because he is having four criminal antecedents and out of which one is under M.P. Govansh Vadh Pratished Adhiniyam, 2004. 3. Prayer is allowed. 4. Accordingly, application filed on behalf of applicant No.1 Babu S/o Mushtaq Kaliya is dismissed as withdrawn. 5. Heard the learned counsel for the parties through video conferencing and perused the case diary. 6. As per prosecution story, on 11.07.2020, Police Station Y.D. Nagar, District Mandsaur has seized 4 bulk liter country made liquor and 8 animals (Govansh) from the vehicle bearing registration No.MP-45-G-0335 from the joint possession of the applicants. 7. Learned counsel for the applicants submits that animals were medically examined by the Veterinary Doctor and their health condition was found good. There was no injury on their body. They were found only transporting. There is no material to allege that they were being transported for slaughter purpose. There was no injury on their body, therefore, they are out of purview of definition of slaughter even under the Act of 2004. He further submits that there is no allegation in respect of spurious liquor because there is no FSL report. Applicant No.2 Jabir S/o Allahnur Moda has no criminal antecedents. The investigation has been completed and challan has been filed. Applicant is in custody since 11.07.2020. The trial may take time to conclude. Hence, the applicant No.2 be released on bail. 8. On the other hand, learned Panel Lawyer opposes the prayer for grant of bail. 9. In view of the aforesaid facts and circumstances of the case, without further commenting on the merits of the case, it would be appropriate to enlarge the applicant No.2 Jabir S/o Allahnur Moda on bail. 10. Accordingly, the application is hereby allowed. 8. On the other hand, learned Panel Lawyer opposes the prayer for grant of bail. 9. In view of the aforesaid facts and circumstances of the case, without further commenting on the merits of the case, it would be appropriate to enlarge the applicant No.2 Jabir S/o Allahnur Moda on bail. 10. Accordingly, the application is hereby allowed. It is directed that on furnishing a personal bond by the applicant No.2 Jabir S/o Allahnur Moda in the sum of Rs.50,000/- (Rupees Fifty Thousand Only), with one solvent surety in the like amount to the satisfaction of concerned trial Court, he shall be released on bail, subject to the condition that he shall make himself available to the Police, as and when required during the investigation and will also remain present before the trial Court as and when directed in that behalf. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437 (3) of the Cr.P.C. 11. Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.