Jharkhand High Court
Nijam Mian vs The State Of Jharkhand on 24 July, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 4535 of 2017
in
Cr. Appeal (S.J.) No. 993 of 2017
Nijam Mian ..... Appellant
Versus
The State of Jharkhand .....Respondent
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Appellant : Mr. A.K. Chaturvedi, Advocate.
For the State : A.P.P.
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Order No. 08 : Dated 24 th July, 2017
I.A. No. 4535 of 2017
Sole appellant has faced the trial in Sessions Trial No. 130
of 2015 in the Court of Mr. Ram Babu Gupta, learned Additional
Sessions Judge, Simdega, who under judgment of conviction
dated 9.5.2017 held the appellant guilty under Sections
414/120B of the I.P.C., section 11(1) D.E. Of Prevention of
Cruelty of Animals Act and sections 12/13 of Jharkhand Bovine
Animal Prohibition of Slaughter Act, 2005 further under order
of sentence dated 16.05.2017 awarded sentence to undergo R.I.
for the period of three years and to pay fine of Rs. 2000/- and in
default of payment of fine, he shall further undergo S.I. for one
month.
It appears that the appeal was admitted for hearing on
30.06.2017and LCR was called for.
After receipt of LCR, I.A. No. 4535 of 2017 filed under Section 389 (1) of the Cr.P.C. for suspension of sentence, has been pressed.
As per the case of the prosecution the appellant was apprehended with 38 cattles by the Simdega Police. Learned counsel for the appellant while referring the evidence of P.W.-13, -2- the then O/c of Kolebira Police and the informant of the case it appears that 7, 13 and 13 cattles out of the seized 38 cattles were handed over to the P.W. 10 (Elias Tete), P.W.11 (Fajil Mian) and P.W. 12 (Praphul Tete) respectively on execution of ZIMMANAMA by the police. ZIMMANAMA papers marked as Ext. 7, 8 & 9 respectively. It was further submitted that the ingredients to constitute the offence under section 11(1) D.E. of Prevention of Cruelty to Animals Act is made out and also no case under sections 12 and 13 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 is made out since the essential ingredients to constitute the offences under both the acts are totally lacking in this case. Further submitted that the animal seized, the custody of seized bovine animal pending final disposal of the case may be entrusted by an order of the competent authority to any recognized voluntary agency working for the welfare of such animals or to any recognized voluntary agency working for the welfare of such animals or to any institution/local authority as established under section 8. Section 2(j) "competent authority" means any officer not below the rank of Sub-divisional Magistrate who may be authorized by the State Government by notification in the Official Gazette for the purpose of this Act.
Learned A.P.P. submitted that both the trial courts held the appellant guilty under sections 12 and 13 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 awarded R.I. for three years and fine of Rs. 2000/-, it appears that the case of the prosecution is that the petitioner has violated the rule of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 -3- which is punishable under section 12 (2) of the Act for which maximum punishment is for three years and fine of Rs. 5000/-.
The appellant is in custody since 16.05.2017. Learned A.P.P. opposed the prayer for bail. During pendency of the appeal, the sentence of the appellant is suspended and the appellant, above-named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Simdega in connection with S.T. No. 130 of 2015, further with a condition that the appellant shall deposit Rs. 9000/- before the President/Secretary, District Bar Association, Simdega for the welfare fund.
I.A. No. 4535 of 2017 stands disposed of.
(Anant Bijay Singh, J.) MM