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Judgment
Narendra Kumar Jain, J.—This application u/s 439 Cr. P.C., has been filed on behalf of accused-applicant Mohammad Navaj seeking bail in Criminal Regular Case No. 385/2003 (904/99) pending before the court of learned ACJM, Mount Abu.
Heard learned Counsel for the applicant and the learned Public Prosecutor for the State. Perused the order impugned.
The applicant-accused is in judicial custody since 06.06.2011. At this time he is in judicial custody for the offences under Sections 5/8 and 6/8 of Rajasthan Bovine Animal (Prohibition of Slaughter & Regulation of Tempoary Migration or Export) Act and Section 11 of Prevention of Animal Cruelty Act, which are triable by Magistrate. The accused has been arrested in compliance of standing warrant issued by lower court and was produced before the court below. He filed an application for bail, which was rejected by trial court vide order dated 10.6.2011.
Learned Counsel for the applicant submits that if the applicant is granted bail, he will continuously appear before the trial court on each and every date of hearing and whenever called upon to do so till the completion of the trial and will not repeat the bail jump. He further submits that proceedings u/s 446 Code of Criminal Procedure have been decided by the learned court below and trial will take time, therefore, the applicant may be released on bail.
Learned Public Prosecutor opposed the bail application.
Looking to the fact that the accused-applicant was previously on bail, without making any comment on the merits of case, I think it just and proper to give him one more opportunity to reform and improve his behaviour, character and conduct.
Without expressing any opinion on the merits and demerits of case, having considered the rival submissions made at Bar and other material available on record and all other facts and circumstances of case, I deem it just and proper to release the applicant on bail u/s 439 Cr. P.C.
Accordingly, it is directed that applicant Mohammad Navaj S/o. Mehardin be released on bail in FIR No. 264/1999 at P.S. Abu Road Sadar, District Sirohi, provided he executes a personal bond for a sum of Rs. 40,000/- along with two sound and solvent sureties in the sum of Rs. 20,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.