Punjab-Haryana High Court
Ansar vs State Of Haryana on 16 October, 2018
Author: Inderjit Singh
Bench: Inderjit Singh
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CRM-M-42143-2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-42143-2018
Date of Decision: 16.10.2018
Ansar
... Petitioner
Versus
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Mazlish Khan, Advocate,
for the petitioner.
Mr. Sukhdeep Parmar, DAG, Haryana.
INDERJIT SINGH, J. (Oral)
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.171 dated 24.06.2018, registered at Police Station Punhana, District Nuh, Mewat, under Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Section 13(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015.
Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.
1 of 2 ::: Downloaded on - 04-11-2018 11:04:42 ::: -2- CRM-M-42143-2018 From the record, I find that FIR, in the present case, has been registered on the basis of secret information. As per the prosecution version, the police party tried to stop the vehicle which was being stated to be driven by the present petitioner. However, the present petitioner fled away from the spot alongwith vehicle which was having four cows. The police party also found one cow and one ox at the spot.
In pursuance of the interim order dated 25.09.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for custodial interrogation. Therefore, no useful purpose will be served by sending him to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 25.09.2018, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.
16.10.2018 (INDERJIT SINGH)
parveen kumar JUDGE
Note: Whether speaking/reasoned : Yes
Whether reportable : No
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