Punjab-Haryana High Court
Mausam vs State Of Haryana on 14 September, 2018
Author: Ramendra Jain
Bench: Ramendra Jain
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-40432-2018
Date of Decision: 14.09.2018
Mausam .... Petitioner
Versus
State of Haryana .... Respondent
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: - Mr. Pankaj Kaushik, Advocate,
for the petitioner.
RAMENDRA JAIN, J. (ORAL)
Prayer in the instant petition under Section 438 Cr.P.C. has been made for grant of anticipatory bail in case FIR No.420, dated 17.07.2018, registered under Sections 5/13 (2), 17 of Haryana Gauvansh Sarankashan and Gau Samvardhan Act 2015 and 11-59-60 of Prevention of Cruelty to Animals Act, 1960 and 120-B IPC, at Police Station Nuh, District Nuh.
According to the prosecution, on 17.07.2018, on secret information, the police party headed by ASI Balbir, signaled to stop the vehicle of the petitioner bearing registration No.HR-27G-6705. However, taking advantage of darkness, the petitioner succeeded in fleeing away. On search of the vehicle, 6 injured cows having tied their mouth and legs with ropes were found loaded along with plastic bag containing two knives and 5 meter rope from its cabin.
Learned counsel for the petitioner inter alia contends that the petitioner has falsely been implicated. He was not apprehended at the spot. No recovery has to be effected from him. Therefore, his custodial interrogation is not required.
Having considered the submissions made by learned counsel for the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner for the reason that offending vehicle was got released by the petitioner on superdari in a similar nature of case registered vide FIR No.6, dated 11.01.2017, which has been again used for transporting cows for slaughtering purposes. Learned Sessions Judge, Mewat, while rejecting anticipatory bail application of the petitioner vide impugned order dated 24.07.2018 has observed that the petitioner is a habitual offender.
In view of above, the petition is dismissed.
14.09.2018 (RAMENDRA JAIN)
monika JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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