In a bail petition by accused persons charged with multiple violations under animal cruelty and preservation acts, the single judge granted bail directing a bond with sureties.
Release of petitioners on bail with a bond of Rs. 10,000 each and two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3391 of 2017
... … Petitioners
Versus
The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Md. Zaid Ahmed, Advocate For the State : Mr. Ravi Kumar Singh, A.P.P.
02/04.05.2017 Heard the learned counsel for the parties.
The petitioners are accused in a case registered under Sections 11(1),a,c,d,e,f,h,i,k,38/3 and 29(1)(2) of Prevention from Cruelty to Animal Act, Rule 47,48,50,52,54,56(c) of Transport of Cattle Act, Rule 3/4, 4(a),4(b) of Jharkhand Preservation and Improvement Act, 1956 and Sections 3,4(a),4(b),2,4(d),5,6,12(1)(2)(3),13,15,16 of Jharkhand Bovine Animal Prohibition of Slaughter Act.
The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the Cruelty Case Report. The petitioner no. 1 is the driver of the truck and petitioner no. 2 is a merchant. It is alleged that in the said truck, 17 oxen were loaded in a cruel manner instead of the maximum capacity of 6 animals. On perusal of the Cruelty Case Report, it would be evident that there is no allegation that said oxen were being transported for slaughter purposes. The petitioner no. 2 had purchased the said oxen from Sasaram, Bihar and the purchase papers were also available with him at the time he was apprehended by the S.P.C.A. Inspector. The petitioners are in judicial custody since 02.03.2017 and, therefore, they may be given the privilege of regular bail.
The learned A.P.P. opposes the petitioners' prayers for
bail.
Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on bail. Accordingly, the petitioners above named are directed to be released on bail on their furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Dhanbad, in Complaint Case No. 593 of 2017, vide PCA Case No. 09 of 2017.
Manish
(Rajesh Shankar, J.)
2 issues framed by the court
Whether the petitioners accused in cruelty and slaughter related offences should be granted bail.
Whether the factual matrix regarding the mode of transport and purchase of animals warrants bail prayer.
3 provisions across 3 enactments
Jasim Khan
Zeshan Khan
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
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