Mustakim And ANR. v. State Of Haryana

2024:PHHC:024754 [205-2]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1995-2024 Date of Decision : 22.02.2024 Mustakim and another

...Petitioners

versus State of Haryana ....Respondent Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Talim Hussain, Advocate for the petitioners. (Through V.C.) Mr. Sumit Jain, Addl. AG, Haryana.

*** DEEPAK GUPTA, J. (ORAL) [1] On 15.01.2024, the following order was passed by this Court:- " Present:

Mr. Aazam Khan, Advocate for Mr. Talim Hussain, Advocate for the petitioners.

***** By way of present petition filed under Section 438 Cr.P.C., petitioners have prayed for grant of anticipatory bail in case FIRNo.196 dated 19.11.2023 registered under Sections 13(1), 13(3) and 17 of the Haryana Sanrakshan and Gausamvardhan Act, 2015 at Police Station Bichhore, District Nuh, Haryana.

It is contended by learned counsel for the petitioners that petitioners along with co-accused were named on the basis of secret information, to be involved in the business of cow slaughtering near drain of Village Nai. However, when the raid was conducted, petitioners were not apprehended by the Police. Rather it is co-accused Hasan Mohd. @ Hassa who was apprehended with cow flesh. Learned counsel further contends that petitioners are falsely implicated on the basis of secret information; that they have no connection with the crime. It is also stated by learned counsel for the petitioners that similarly placed co-accused Janu and another have already been given the benefit of interim bail by this Court vide order dated 11.12.2023 passed in CRM-M-62106 of 2023 (Annexure P.2).

Notice of motion.

RAJNEESH SHARMA 2024.02.22 06:03 I attest to the accuracy and integrity of this document

2024:PHHC:024754 CRM-M-1995-2024 -2Mr. Parveen Kumar Aggarwal, DAG, Haryana, accepts notice on behalf of the respondent- State.

Adjourned to 22.02.2024.

To be heard along with CRM-M-62106 of 2023.

In the meantime, in case of their arrest, the petitioners shall be released on interim bail subject to the satisfaction of the Arresting Officer/ Investigating Officer. However, it is further directed that the petitioners shall join the investigation as and when so required by the Investigating Officer. They shall not contact any person associated with the case to dissuade them from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. They shall further comply with the conditions stipulated in Section 438(2) Cr.P.C. "

[2] Today, learned State Counsel, on instructions from HC Subhash, has informed this Court that the petitioners have joined the investigation, in compliance of the order dated 15.01.2024 and is no longer required for further investigation. [3] In view of the aforesaid, the order dated 15.01.2024-, whereby the petitioners were granted interim anticipatory bail, is hereby made absolute. However, they shall continue to join investigation, if and so required by the Investigating Officer.

[4] Disposed of.

(DEEPAK GUPTA) JUDGE 22.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.22 06:03 I attest to the accuracy and integrity of this document