Shakeel v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 25287 of 2022 Date of Decision: 15.06.2022 Shakeel .......... Petitioner

Versus

State of Haryana .......... Respondent CORAM: HON'BLE MR. JUSTICE M.S. RAMACHANDRA RAO

Present:

Mr. Afjal Hussain, Advocate for the petitioner. Mr. Gurmeet Singh, Assistant Advocate General, Haryana **** M.S. RAMACHANDRA RAO , J. (ORAL) The petitioner is seeking regular bail in FIR No. 46 dated 18.02.2022 (Annexure P-1), for offences punishable under Sections 3/13(1), 8/13(3) of the Haryana Gauvansh Sanrakshan and Gaursamvardhan Act, 2015, and, Section 11 of Animal Cruelty Act, and, Sections 307/120-B/114 of the IPC, registered at Police Station Sadar, District Palwal. Status report dated 14.06.2022 filed by the State Counsel in Court today is taken on record.

Registry to place the same at an appropriate place in the paper-book, and, paginate accordingly.

The allegation against the petitioner in the FIR is that he alongwith others was apprehended in a vehicle / Canter No. UP40AT-2760, in which there was 15 oxen whose mouth and legs were tied with rope and there was also a weapon in the said vehicle. It is also alleged that the petitioner threw a weapon with an intention to kill the complainant. Counsel for the petitioner states that the petitioner has been under arrest from 18.02.2022, the investigation is complete and the challan DINESH KUMAR 2022.06.17 10:18 I attest to the accuracy and authenticity of this document

CRM-M No. 25287 of 2022 -2has been filed on 16.04.2022, and there is no necessity for the petitioner to be detained.

In the status report filed by the State, it is alleged that the petitioner was in the canter vehicle transporting the oxen and he also thrown a weapon used for cutting flesh and bones of large animals, on the Head Constable. It is also stated that the case is fixed for 06.07.2022 before the Illaqa Magistrate concerned for framing charges and that there are 13 witnesses, out of which 03 are private, and the petitioner may influence the witnesses.

It is also stated in the status report that the petitioner is involved in another case FIR No. 469/2015, for offences under Sections 3/5/8 of the Haryana Gauvansh Sanrakshan and Gaursamvardhan Act, 2015, and, Section 11 of Animal Cruelty Act, and, Section 307 of the IPC, registered at Police Station Tanda, District Rampur, UP. Since, the investigation in the present case is complete, and, the challan has already been submitted on 16.04.2022, and the trial is likely to take a long time, and no useful purposes will be served by keeping the petitioner in custody, the petitioner is ordered to be released on bail, upon his furnishing personal and surety bonds each, to the satisfaction of the Illaqa Magistrate/Duty Magistrate concerned.

Disposed of.

June 15, 2022 ( M.S. RAMACHANDRA RAO ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.06.17 10:18 I attest to the accuracy and authenticity of this document