8.8.2012

Shri Manish Datt, Sr. Counsel with Shri Yogesh Soni, Advocate for the applicants.

Shri A.K. Chourasia, PL for the State.

This is the first bail application filed by the applicants under section 438 of Cr.P.C. for grant of anticipatory bail. The applicants apprehend their arrest in connection with Crime No. 123/2012 registered at P.S. Kurai, District Seoni for the offence punishable under Sections 4, 6, 9 of the Gouvansh Vadh Pratishedh Adhiniyam and 4, 6, 6(a)(b) of the M.P. Krishak Parirakshan Adhiniyam

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. As per prosecution itself, the applicants were not present on the spot. The cattle are alleged to have been seized from the possession of co-accused Pradeep, however, it is also alleged that Pradeep was carrying the said cattle on the instructions of the applicant. The statement of co-accused cannot be read against the applicants. Thus, there is no prima facie case against the applicants. The applicants are permanent resident of village Khawasa, District Seoni. They are ready to co-operate in the investigation. The applicants are reputed citizen of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be released on anticipatory bail.

Learned counsel for State has opposed the application. On due consideration of the contention raised by the learned counsel for the parties, I am of the considered view that it is a fit case to release the applicants on anticipatory bail, therefore, without commenting on the merits of the case, the application is allowed and it is directed that in the event of arrest, the applicants shall be released on bail on their furnishing a personal bond in a sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) each with one surety in the like amount to the satisfaction of the the arresting officer/competent Court. The applicants shall make themselves available for interrogation by a police officer as and when required. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others JT 2010 (13) SC 247, it is directed that this order shall remain in force till the end of trial, if the applicants furnish the bail bond and surety bond before the committal Court/trial Court at the time of filing of challan as per the terms and conditions as mentioned above. However, the public prosecutor or complainant would be at liberty to move the same Court for cancellation or modification of the conditions of bail any time if liberty granted by the Court is misused.

It is also made clear that if the committal Court/trial Court issues an arrest warrant against the applicants due to their absence before the Court, then in such event this order be deemed ineffective.

Certified copy as per rules.

(G.S.Solanki)

Judge

PB