IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT st ON THE 1 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 32554 of 2023 BETWEEN:-

SHEIKH NAWAB @ NABBU S/O SEIKH NABBU, AGED ABOUT 28 YEARS, R/O INFRONT AT CHAIWALI KHALA AZAD NAGAR DISTT. BURHANPUR (MADHYA PRADESH)

.....APPLICANT (BY SHRI BASANT RAJ PANDEY - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GANPATI NAKA DISTRICT BURHANPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI NARENDRA CHOURASIYA - GOVERNMENT ADVOCATE)

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

ORDER

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail, who is in jail since 13.07.2023 relating to FIR No.256/2023 registered at Police Station Ganpati Naka District Burhanpur (M.P.) for the offences under sections 4, 5, 9 of the M.P. Govansh Vadh Pratished Adhiniyam 2004, Section 8 of Pashu Sanrakshan Adhiniyam and Section 11(D) of Pashu Krurata Niwaran Adhiniyam, 1960. 2. Learned counsel appearing for applicant submitted that as per prosecution's story, Afzal, Chandu and Rahmat were involved in committing offences under section 4 of M.P. Govansh Vadh Pratished Adhiniyam, 2004.

Signature Not Verified No seizure of flesh has been made from applicant. Some cattle were found about 11 in number in house belonging to the applicant. Applicant used to sell the cattle but he was not slaughtering the animals. In these circumstances, the applicant may be granted bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail and submitted that applicant is a habitual offender. Earlier also, he was found involved in same offence. In these circumstances, the applicant may not be granted bail.

4. Heard the counsel for the parties.

5. Applicant is having criminal antecedent of one more case. However, in said case, he has been acquitted by the Court below. In the present case, there is no allegation of slaughtering cattle. Some cattle were found in the house of applicant.

6. Considering aforesaid facts and circumstances of the case, bail application filed by applicant is allowed on the following condition:-

If applicant is found to be involved in any similar offence in future then prosecution will be at liberty to file an application for cancellation of bail granted to him today.

7. It is directed that applicant be released on bail on his furnishing personal bond of Rs.50,000/-(Rs. fifty thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for his regular appearance before concerned Court on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall also abide by the conditions enumerated under Section 437 (3) of Cr. P. C.

Signature Not Verified C.C. as per rules.

(VISHAL DHAGAT)

JUDGE pn Signature Not Verified