Back
SATYENDRA KUMAR SINGH
Firoz Mohammad – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 26.11.2022 in connection with Crime No.517/2022 registered at Police Station Maingaon, District Khargone (M.P.) for commission of offence punishable under Sections 4, 6 & 9 of M.P. Govansh Vadh Pratished Adhiniyam, 2004, Sections 11-D of the Prevention of Cruelty to Animals Act, 1960 and Section 420, 467, 468 and 120-B of IPC.
2. Prosecution case, in brief, is that on 18.11.2022 co-accused persons, namely, Asif @ Ashu and Sampat Raj were found carrying about 13 cow progeny animals illegally in a truck bearing registration No.RJ-06-GC-2020 for the purpose of slaughtering. During investigation, it was found that the applicant being the owner of the vehicle was also involved in the crime and he along with other co-accused persons prepared forged and fabricated affidavit and certificates for carrying the aforesaid cow progeny.
3. Learned counsel for the applicant submits that co-accused Sampat Raj had shown his affidavit and certificate to the applicant about the cow progeny animals said to be found in the applicant's vehicle and on
The decision emphasizes that lack of direct involvement and completion of investigation can be grounds for granting bail, even in cases involving serious offences.
The completion of the investigation, filing of the charge sheet, and lack of requirement for further custodial interrogation are grounds for granting bail.
The court considered the triability of the offences, absence of cruelty to the animals, and the duration of the accused petitioners' custody in granting bail.
The principle of parity with co-accused and the requirement of legal evidence influenced the Court's decision in granting bail to the applicant.
The court may grant bail under Section 439 of Cr.P.C considering the period of custody and the circumstances of the applicant's non-appearance, without commenting on the merits of the case.
The court granted bail to the applicant based on the ground of parity with a co-accused who had already been enlarged on bail, considering the circumstances of the seizure of the stolen vehicle.
The court has the discretion to grant bail based on the circumstances of the case, including the applicant's innocence, residency, and criminal history, without expressing an opinion on the merit of ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
