Jaan Mohammed vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

Contention of learned Counsel for petitioners is that the present case is for offence u/s 4 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995. It is the first offence of the petitioner. There is no other case previously registered against the petitioner. The investigation is complete. Challan has already been filed. Trial is likely to take a long. The maximum sentence provided for this offence is three years imprisonment and the offence is triable by a Court of Magistrate.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Jaan Mohammed Son of Shri Noor Mohammed on bail u/s 439 Cr.P.C., in FIR No. 100/2010, Police Station Jurhera, District Bharatpur, u/s 4 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995, provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties of Rs. 15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this Court in the present case, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner.

The bail application stands disposed of.