Punjab and Haryana High Court: In a petition filed under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) seeking grant of regular bail for offences under Section 13(2) of the Haryana Gauvans Sanrakshan and Gausamvardhan Act, 2015, Sections 279, 307, 336, 34, 427 of Penal Code, 1860 (‘IPC’) and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Gurbir Singh, J. refused to grant regular bail viewing the petitioner’s attempt to mislead the Court by suppressing another case, and the seriousness of offence in the instant matter.
The present case was registered at the instance of a Bajrangdal worker who caught a Bolero pickup loaded with cows allegedly being transported for the purpose of cow-slaughter. The petitioner was in custody since 10-11-2022.
The Court perused the paper-book and pointed towards the part of the petition wherein the petitioner denied involvement in any other case, while the State Counsel opposed the grant of bail referring to involvement in another case. The Court regarded the same as an attempt to mislead the Court.
The Court was cautious of apparent concealment of registration of an existing case against the petitioner which lacked any explanation on part of the petitioner. The Court refused to grant bail specifically on the ground of concealing an important fact from the Court. In addition, going by the matter from a different view, the Court said that the allegations against the petitioner are ‘very serious’.
The Court observed that “He, along with others, was carrying cows in a pitiable condition in a Bolero pick-up at midnight. When the complainant tried to stop them, they rammed their vehicle against the complainant’s vehicle and ran away. The complainant and others chased the vehicle. Even stones were thrown on the complainant party and cows, which were being carried allegedly for slaughtering, were also thrown in their way to stop the complainant party to chase them.”
Viewing the attempt to mislead the Court as well as gravity of the offence, the petitioner did not deserve the concession of regular bail at that stage in the Court’s view. Thus, the Court refused to grant bail and dismissed the instant petition.
[Shrif v. State of Haryana, 2023 SCC OnLine P&H 537, decided on 25-5-2023]
Judgment/Order by:
Advocates who appeared in this case :
For Petitioner: Advocate Azad Khan.
