Sabbir @ Jhonga v. State Of Haryana

2023:PHHC:144652

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-55339-2023 (O&M) Date of Decision:-15.11.2023 SABBIR @ JHONGA ......Petitioner

Versus

STATE OF HARYANA ......Respondent CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Ms. Rosi, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.609 dated 16.11.2022 under Sections 5/13(2), 17 of Haryana Gauvash Sanrakshan and Gausamvardhan Act, 2015 and Section 11,59,60 of the Prevention of Cruelty to Animals Act, 1960, registered at Police Station Sadar, District Nuh (Annexure P-1).

2.

At the outset, learned state counsel has filed the status report by way of affidavit of Surender Kumar, HPS, Deputy Superintendent of Police, Nuh on behalf of respondent in Court today, which is taken on record, subject to all just exceptions.

3.

Learned counsel for the petitioner has argued that there is no material on record to demonstrate how the petitioner is connected in the PARUL 2023.11.21 16:21 I attest to the accuracy and authenticity of this document

2023:PHHC:144652 CRM-M-55339-2023 -2present FIR. It is also submitted that co-accused namely Salim has been granted the concession of anticipatory bail by this Court. 4.

Learned counsel for the petitioner further submits that, in fact, co-accused Vakil has also been granted the concession of regular bail, who was the driver of the truck.

5.

Per contra, learned State counsel has vehemently opposed the grant of extra-ordinary concession of anticipatory bail to the petitioner on the ground that the antecedents of the petitioner are not clean and he has already been declared a proclaimed person in one of the FIRs and has also suffered conviction of imprisonment for six months and one more case of similar nature is also pending before the learned trial Court. 6.

After hearing learned counsel for the parties and considering the fact that the antecedents of the petitioner are not clean and more so, he has already been declared a proclaimed person and it demonstrates that the petitioner is habitual of absconding from law and therefore, the extraordinary concession of anticipatory bail cannot be granted. 7.

In light of the above, the present petition stands dismissed. 8.

Pending miscellaneous application(s), if any, also stands disposed of.

(ALOK JAIN) JUDGE November 15, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.11.21 16:21 I attest to the accuracy and authenticity of this document