Mangla Ram v. State Of Punjab

CRM-M-39517-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-39517 of 2017 (O&M) Date of Decision: November 07, 2017 Mangla Ram ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. J.S. Grewal, Advocate for the petitioner (s).

Mr. C.L. Pawar, Sr. D.A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.77 dated 31.08.2017 registered for the offences punishable under Sections 295-A, 429 of Indian Penal Code, 8 of Cow Slaughter Act, 1955 and 11 and 12 of Prevention of Cruelty to Animals Act, 1960, at Police Station Sadar Abohar, District Fazilka.

Heard.

Learned State counsel on instructions from Head Constable Rachhpal Singh, submits that on 30.08.2017, a canter in which 14 cattle had been loaded, was apprehended by complainant with the help of other persons. The driver and conductor of the canter ran away from the spot. On verification, petitioner was found to be owner of canter. He has surrendered Sachin Mehta 2017.11.08 14:15 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-39517-2017 -2before the police and joined investigation, which is still in progress. Police has yet to verify about the driver and conductor of the canter, who were carrying cattle in the canter.

The petitioner has not been identified as driver or conductor of the canter and police is still trying to locate and identify the real culprit. In view of the above facts but without expressing any opinion on the merits of the case, this petition is allowed and order dated 18.10.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioner shall make himself available for interrogation by the police as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave India without the prior permission of the Court.

(iv) that the petitioner will seek regular bail on the presentation of challan in Court, which the trial Court will decide on the basis of evidence collected during investigation.

( SURINDER GUPTA ) November 07, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.11.08 14:15 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH