ILIYAS Vs. STATE OF M.P

JUDGEMENT

(1.) Arguments on the second bail application filed under Sec. 439 of Cr.P.C by the applicants No. 1 Iliyas, No. 2 Mubarik and No. 3 Hakin heard. The applicants are involved in Crime No. 71/2010 of Police Station- Kurawar, District- Rajgarh registered under Sections 279, 337, 304A, 429, 420, 467, 468, 471 of the Indian Penal Code and under Sec. 6/9 of the M.P. Govadh Pratished Adhiniyam and Sec. 11 of the M.P. Krishi Paryavekshan Adhiniyam.

(2.) First bail application of the applicants was dismissed as withdrawn with liberty to renew prayer after filing of the challant on 11/03/2010 in M.Cr.C. No. 3052/2010.

(3.) According to the prosecution story, on 03/04/2010 at about 5 am, at Tij Badli a truck bearing registration No. M.P.-09-HF-9457 in which cows and oxen were crammed, had turned due to rash and negligent driving of the driver. In the said truck, 44 cows and oxen were being carried, out of which, 39 cows and oxen died and the remaining had sustained grievous injuries. In this accident, two persons sitting in between cattle had also died and the truck driver ran away. There were two registration numbers on both side of the plate. HR-38-N-9763 was on the one side and M.P.-09-9457 was on the second side, Hence, marg No. 0/10 was registered. Thereafter, at police station - Kurawar, District-Rajgarh, Crime No. 71/2010 was registered under Sections 279, 337, 304A, 420, 467, 468, 471, 201 of the Indian Penal Code and also under Sections 6/9 of the M.P. Govadh Pratished Adhiniyam and Sec. 11 of the M.P. Krishi Paryavekshan Adhiniyam. The bail application of the applicant was dismissed by the Court of Shri B.R. Patil, A.S.J. Narsinghgarh, District-Rajgarh in B.A. No. 45/2010.