Judgment:
CRM-M No.8129 of 2014 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.M-8129 of 2014 Date of decision :
11. 07.2014 Mamdeen and others ...Petitioners Versus State of Haryana ..Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Ashok Tyagi, Advocate for the petitioners. Mr. Rajat Mor, DAG, Haryana for the State. **** Mehinder Singh Sullar, J.
(Oral) Petitioners-Mamdeen and others, have preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against them, vide FIR No.552 dated 22.12.2013, on accusation of having committed the offences punishable under Sections 4A/8 and 2/80 of Punjab Prohibition of Cow Slaughter Act, 1955 and Section 11 of The Prevention of Cruelty to Animals Act, 1960, by the police of Police Station Punhana, District Mewat.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the Sumit Kumar 2014.07.11 17:40 I attest to the accuracy and integrity of this document CRM-M No.8129 of 2014 -2- entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
4. During the course of preliminary hearing, a Co-ordinate Bench of this Court (Rekha Mittal J.) passed the following order on March 27, 2014:- “The petitioners pray for grant of bail in anticipation of arrest in FIR No.532 dated 22.12.2013 registered in Police Station Punhana, District Mewat for offence punishable under Sections 4A/8, 2/80 of the Punjab Prohibition of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960. Counsel for the petitioners submits that on 21.12.2013, two cows were taken from the house of Mamdeen, petitioner No.1 and later false FIR was registered levelling allegations that the petitioners were carrying the cows and escaped from the place leaving the cows at the spot, but identified by secret informer. The investigating agency is neither in a position to disclose the name of said informer nor his statement has been recorded during investigation to establish their identity. Another submission made by counsel is that no other criminal case much less indulging in cow slaughtering has been registered against the petitioners and they are ready to join investigation and co- operate throughout. Notice of motion for 11.07.2014. In the meantime, the petitioners are directed to join investigation within seven days and on their appearance before the Investigating/Arresting officer, they will be released on bail on their furnishing bail bonds to the satisfaction of the concerned officer, subject to the following conditions:- (i) they shall make themselves available for interrogation by a police officer as and when required; (ii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted Sumit Kumar 2014.07.11 17:40 I attest to the accuracy and integrity of this document CRM-M No.8129 of 2014 -3- with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (iii) they shall not leave India without the previous permission of the Court.”. 5. At the very outset, on instructions from SI Jai Chand, learned State counsel has acknowledged the relevant factual matrix and submitted that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. There is no history of their previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.
6. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioners, by virtue of order dated March 27, 2014, by this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this respect. 11.07.2014 (Mehinder Singh Sullar) sumit.k Judge Sumit Kumar 2014.07.11 17:40 I attest to the accuracy and integrity of this document