Madhya Pradesh High CourtRohit Tiwari vs The State Of Madhya Pradesh Judgement ... on 26 November, 2013M.Cr.C.No.15306 of 2013




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                         Rohit Tiwari and another vs State of M.P.
26/11/2013
                   Shri Hitendra Singh, Advocate for the applicants.
                   Ms.     Hemlata    Kshatriya,    Panel     Lawyer     for   the
             respondent/State.This is the first bail application filed by the applicants underSection 439of the Cr.P.C. for grant of bail. The applicants are in
             custody since 04/10/2013 in connection with Crime No.954/2013
             registered at Police Station Kolgawan, District Satna (M.P.) for
             the offences punishable underSection 6/9of the Madhya
             Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004.Learned counsel for the applicants submits that applicant
             Rohit Tiwari is the driver and applicant No.2 Vinod Pal is the
             owner of the vehicle bearing number M.P.19 GA 2115, in which
             the cattle said to be transported. He has further submitted that
             the offence levelled against the applicants punishable underSection 6/9of the Madhya Pradesh Govansh Vadh Pratishedh
             Adhiniyam, 2004, for which, the maximum punishment is three
             years and, therefore, the case is triable by Judicial Magistrate,
             First Class. The applicants are in custody since 04/10/2013 and
             trial would take considerable time to conclude, hence, the
             applicants be released on bail.On the other hand, learned Panel Lawyer for the State has
             vehemently opposed the application.Looking to the facts and circumstances of the case, without
             expressing any view on merits of the case and considering the
             averments made by learned counsel for the parties, the
             application underSection 439of Cr.P.C. may be allowed.
             Consequently, it is hereby allowed.M.Cr.C.No.15306 of 20132It is directed that the applicants Rohit Tiwari and Vinod
       Pal be released on bail on furnishing a personal bond in the sum
       of Rs.25,000/- (Twenty Five Thousand) each with one solvent
       surety of the same amount each to the satisfaction of the C.J.M.,
       Satna for their appearance before the concerned Court on the
       dates given by that Court during trial.Certified copy as per rules.(Subhash Kakade)
                                                        Judge
SJ/-