Julfan v. State Of Haryana

CRM-M-8850-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-8850 of 2017 (O&M) Date of Decision: May 23, 2017 Julfan ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Namit Khurana, Advocate for the petitioner (s).

Ms. Neelam Kashyap, D.A.G. Haryana.

******* 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.109 dated 01.12.2016 registered for the offences punishable under Section 13(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 at Police Station Buria District Yamuna Nagar. Heard.

Learned State counsel on instructions from ASI Parveen Kumar, submits that petitioner has already joined the investigation and against him two other cases have been registered bearing FIR No.178 dated 24.11.2014 under Section 4B/8 of Cow Slaughter Act at Police Station Chhappar and FIR No.77 dated 26.08.2016 under Section 4B/8 of Cow Slaughter Act at Police Station Buria, in which he is on bail. Sachin Mehta 2017.05.23 16:56 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-8850-2017 -2The allegation against the petitioner is that he along with his other co-accused was carrying four oxen for slaughtering after purchasing the said animals from Punjab.

The matter is still under investigation. The police has to verify the allegations levelled against the petitioner and no purpose would be served by sending the petitioner in custody.

In view of the above facts but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 16.03.2017 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.

( SURINDER GUPTA ) May 23, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.05.23 16:56 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH