High CourtsSingle Bench

Nadeem vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 17 December 2020 · Citation: (2020) 12 P&H CK 0314

HON’BLE JUDGES
Arvind Singh Sangwan, J
ACTS & SECTIONS REFERRED
Punjab Prohibition Of Cow Slaughter Act, 1955 — Section 3, 5, 8 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 35525 Of 2020 (O&M)
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Judgment

22 paragraphs · 362 words

Arvind Singh Sangwan, J

The petitioner prays for grant of anticipatory bail in FIR No. 453 dated 08.07.2014, registered under Sections 3/8, 5/8 of Punjab Prohibition of Cow

Slaughter Act, 1955 at Police Station Nuh, District Mewat.

The operative part of the order dated 03.11.2020, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

“....Learned counsel for the petitioner submits thaton a secret information that Haroon and Aslam, sons of Nannu, and Jannu son of

Abdul, along with other 7/8 persons are doing the business of selling beef in Delhi and Hapur, the present FIR was registered against Tarif,

Jannu, Aslam and Haroon. Thereafter, a Naaka was laid and a truck, bearing registration No. HR-55-N1396, was seen coming from

Badkali side and on seeing the police party, they tried to reverse the truck, however, they could not succeed and ran away from the spot

leaving the truck over there. Three of the accused were identified by the secret informer as Haroon, Aslam and Jannu.

Learned counsel for the petitioner further submits that petitioner was not named in the secret information and was nominated on the

disclosure of a co-accused.

Learned counsel relies upon a judgment dated 11.06.2018 passed by the Chief Judicial Magistrate, Nuh, vide which all the aforesaid co-

accused have been acquitted of the charge.

Learned counsel for the petitioner further submits that petitioner was not aware of the pendency of any such FIR and at no point of time, he

was declared a proclaimed offender.

Notice of motion for 17.12.2020....â€​

Counsel for the petitioner has submitted that, in pursuance to the order dated 03.11.2020, the petitioner has appeared before the Investigating Officer

and has joined the investigation.

Counsel for the State, on instructions from the Investigating Officer, has not disputed the aforesaid fact and submits that the petitioner is no more

required for further investigation. It is also submitted that during the investigation, the petitioner is found to be innocent.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 03.11.2020 is made absolute subject to the

conditions envisaged under Section 438(2) Cr.P.C.