Nasim vs State Of Haryana
2023 Latest Caselaw 9203 P&H

                                                                                      2023:PHHC:082947
                                   IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                AT CHANDIGARH

                        Sr. No.214                        CRM-M-28094-2023
                                                          Date of Decision : July 03, 2023

                        Nasim                                                     ...Petitioner

                                                           Versus

                        State of Haryana                                          ...Respondent

                        CORAM: HON'BLE MR. JUSTICE MANJARI NEHRU KAUL

                        Present:     Mr. Abhinav Sood, Advocate, for the petitioner.
                                     Mr. Rahul Mohan, DAG, Haryana.
                                     *****

                        MANJARI NEHRU KAUL, J. (ORAL)

The petitioner is seeking the concession of bail under Section

439 of the Code of Criminal Procedure, 1973 in case FIR No.0372 dated

27.11.2022 lodged under Section 11 of The Prevention of Cruelty to

Animals Act, 1960, Section 13(2) of The Haryana Gauvansh Sanrakshan

and Gausamvardhan Act, 2015, Section 25 of Arms Act, 1959 and Sections

120-B, 307 and 429 of IPC, 1860 (Sections 5 & 17 of the Haryana

Gauvansh Sanrakshan and Gausamvardhan Act, 2015 added later on)

registered at Police Station Sadar Palwal, District Palwal.

2. Learned counsel while drawing attention of this Court to the

FIR in question submits that the petitioner was merely travelling as a

conductor in the canter from which recovery of 19 cattle was effected. He

submits that no other role muchless of having fired at the police party has

been attributed to the petitioner in the FIR in question. He further submits

that the petitioner has now been in custody since 28.11.2022 and still

further as investigation is complete and charges have also been framed

further incarceration of the petitioner would serve no useful purpose as

prosecution evidence is yet to commence. Hence, in the aforementioned ANKUR GOYAL 2023.07.04 10:47 I attest to the accuracy and integrity of this order/judgment CRM-M-28094-2023 -2- 2023:PHHC:082947

circumstances, the trial shall take considerable time to conclude.

3. Per contra, learned State counsel while opposing the prayer and

submissions made by learned counsel for the petitioner has submitted that

no doubt the petitioner has not been attributed any injury muchless with the

fire-arm on the person of one of the police officials, however, he was named

in the secret information and was apprehended at the spot along with the co-

accused Wasim. It has also been submitted by the learned State counsel that

the petitioner is involved in two other similar cases under the Cow

Slaughter Act, 1955. Learned State counsel however has not been able to

dispute that investigation in the instant case is complete and none of the 21

prosecution witnesses have been examined till date.

4. I have heard learned counsel for the parties and perused the

material placed on record.

5. In the facts and circumstances as enumerated hereinabove, the

instant petition is allowed as the trial will take considerable time to

conclude. The petitioner be admitted to bail to the satisfaction of the Trial

Court/Duty Magistrate concerned. However, it is made clear that anything

observed hereinabove shall not be construed to be an expression of opinion

on the merits of the case.

6. Needless to add, in case the petitioner misuses the concession

of bail granted to him, the State would be at liberty to seek cancellation of

the same.

                        July 03, 2023                                  (MANJARI NEHRU KAUL)
                        Ankur                                                  JUDGE
                        Whether speaking/reasoned             Yes/No

ANKUR GOYAL             Whether Reportable                    Yes/No
2023.07.04 10:47
I attest to the accuracy and
integrity of this order/judgment