Irfan v. State Of Punjab

CRM-M-50922-2023

 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-50922-2023 Date of decision : 20.11.2023 IRFAN ....Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Ravi Malhotra, Advocate for the petitioner.

Mr. Jaswinder S. Arora, DAG, Punjab with SI Gurdip Singh PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.107 dated 07.08.2023 registered for the offences punishable under Sections 295, 120-B, 153-A, 428, 429 of the IPC and Sections 5 and 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 at Police Station Adampur, District Jalandhar Rural. 2.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

3.

As per the case of the prosecution after receiving the information w.r.t. law slaughter a raid was conducted from where 8100 kgs. i.e. 405 packets of 20 kg. each was got recovered and 12 persons were apprehended from the spot. So far as the case against the present petitioner is concerned, it has been contended that the petitioner was working as beef Deepak Kumar 2023.11.21 11:18 I attest to the accuracy and integrity of this document

CRM-M-50922-2023

 

supplier and after taking the beef from the spot was supplying the same at Meerut through containers. It has been claimed that the petitioner was not apprehended from the spot and the 8 persons out of 12 who were apprehended from the spot already stand admitted to regular bail. The petitioner is behind bars for last more than 3 months and 7 days. Investigation stands concluded and challan stands presented. 4.

State Counsel does not dispute the aforesaid factual assertions made by counsel for the petitioner based on record. 5.

I have heard counsel for the parties and have gone through records of the case.

6.

Without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner and the nature of allegation levelled against the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

7.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. November 20, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2023.11.21 11:18 I attest to the accuracy and integrity of this document