Md. Firoj Nadaf Alias Lambu v. State Of Punjab
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 20.12.2023 MD. FIROJ NADAF ALIAS LAMBU ....Petitioner
Versus
STATE OF PUNJAB ....Respondent
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Ms. Alisha Soni, Advocate for the petitioner.
Mr. Kunal Vinayak, AAG, Punjab.
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.117 dated 15.06.2023 registered for the offences punishable under Sections 3, 8 of Punjab Prohibition of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animal Act, 1960, 295-A, 201 IPC and Section 25 of Arms Act, 1959 at Police Station City Sangrur, District Sangrur. 2.
Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.
3.
Counsel for the petitioner relies upon the order dated 1st of December, 2023 passed by this Court in CRM-M-59237-2023 whereby coaccused Mohd. Muhktar has been granted regular bail observing as under :
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"1.
Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.117 dated 15.06.2023, registered for the offences punishable under Sections 3 & 8 of The Punjab Prohibition of Cow Slaughter Act, 1955, Section 11 of The Prevention of Cruelty to Animal Act, 1960 and Section 295-A/201 of IPC, 1860 at Police Station City Sangrur, District Sangrur.
2.
Counsel for the petitioner inter alia relies upon order dated 14.11.2023 passed in CRM-M-49408-2023 and other connected petitions whereby co-accused namely Mohd. Harun and others have been ordered to be admitted to regular bail. He submits that the petitioner is on better footing as the only allegation against him is that the main accused supplied him beef.
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3.
Challan already stands presented and investigation has concluded. Petitioners are behind 2
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4.
Granting parity, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.
5.
Needless to say nothing recorded herein shall be construed to be an expression of an opinion on the merits of the case."
4.
Thus, he claims parity.
5.
State Counsel is not in posititon to dispute the factual assertions made by counsel for the petitioner based on record. 6.
I have heard counsel for the parties and have gone through records of the case.
7.
Without commenting on the merits of the case, keeping in view the incarceration suffered by the petitioner i.e. for last more than 6 months and 4 days, and granting parity viz-a-viz Mohd. Muhktar, 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
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Court/Duty Magistrate concerned.
8.
Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. December 20, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No