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(2021) Law Today Live Doc. Id. 16100
Decided on: 22.03.2021
Present:
Mr. Mazlish Khan, Advocate for the petitioner(s).
Mr. Bhupender Singh, DAG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 379, 411, 429 -- Prevention of Cruelty to Animals Act, 1960 (59 of 1960), Sections 11, 59, 60 -- Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Animal smuggling – Anticipatory bail -- Stated that petitioner is not named in the FIR and has been arraigned as an accused as the pickup vehicle wherefrom cattle was recovered is stated to be registered in the name of the petitioner -- Vehicle was sold by the petitioner and from the cabin of the vehicle a country made pistol and live cartridges were recovered -- Petitioner is not involved in any other criminal case -- Petitioner having joined investigation, the Covid-19 Pandemic, the order granting interim bail to the petitioner is made absolute.
(Para 2-5)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. The petitioner is seeking anticipatory bail in FIR No.317 dated 18.11.2020, under Sections 379, 411, 429 IPC; Sections 11, 59, 60 of the Animal Cruelty Act, 1960 and Section 25 of the Arms Act, registered at Police Station Kosli, District Rewari.
2. Learned counsel for the petitioner contends that the petitioner is not named in the FIR and has been arraigned as an accused as the pickup vehicle wherefrom cattle was recovered is stated to be registered in the name of the petitioner. The vehicle was sold by the petitioner on 21.10.2020. Copy of the sale agreement is annexed as Annexure P-1. It is also stated that from the cabin of the vehicle a country made pistol and live cartridges were recovered. The petitioner is not involved in any other criminal case.
3. This Court, by order dated 04.02.2021 had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
4. Learned State counsel, upon instructions from Head Constable Vibhu Ranjan states that the petitioner has joined investigation.
5. In view of the above and the petitioner having joined investigation, the Covid-19 Pandemic, the order dated 04.02.2021 granting interim bail to the petitioner is made absolute.
6. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.
7. The petition stands disposed of.
Petition allowed.
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