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Mumtaj Alam v. the State of Jharkhand

Jharkhand HC17 Jan 2019A.B.A./110/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to two petitioners accused of illegal transportation of bovines and animal cruelty. The court directed them to cooperate with the investigation, appear when noticed, and submit mobile numbers via affidavit.

What did the court decide?

Grant of anticipatory bail subject to cash security of Rs. 60,000 per petitioner, bail bond of Rs. 25,000 per petitioner with two sureties, and conditions of cooperation, appearance, and mobile number

Mumtaj Alam Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 110 of 2019

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Mumtaj Alam, aged about 55 years, son of late Abdul Alam;

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Elias Ansari @ Md. Elias, aged about 60 years, son of late Ismail Ansari; Both resident of village-Pandri, P.O.+P.S.-chanho, District-Ranchi

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… ... Petitioners

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Versus

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The State of Jharkhand … … Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Birendra Kumar, Advocate For the State : Addl. P.P.

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Order No. 03: Dated 17^th January, 2019

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Chandwa P.S. Case No. 93 of 2018 corresponding to G.R. No. 505 of 2018 for the offence registered under Sections 414 of the Indian Penal Code, section 11 (1)(a)(d)(d)(h)(k)(i) of Prevention of Cruelty to Animal Act, 1960 and sections 47(a), 48, 52 (i) (ii) and (iii) and section 96 of the Transportation of Cattle Rule, 2001.

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Heard the parties.

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Learned counsel for the petitioners submits that the allegations against the petitioners are that the petitioners are owners of the truck bearing registration nos. JH19A/1890 and No. JH05V/5499 which were seized by the police for illegally transporting 58 bovine animals out of which one was found dead. It is submitted by the counsel for the petitioners that the petitioners were not present at the place of occurrence and they have no knowledge about the trucks being used in illegal transportation of bovine animals. It is further submitted that the petitioners are ready and willing to cooperate with the investigation of the case and also willing to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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The learned Addl. P.P. opposes the prayer for anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioners, named above, be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing Rs. 60,000/- each as cash security and furnishing bail bond of Rs. 25,000/(Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Latehar, in connection with Chandwa P.S. Case No. 93 of 2018 corresponding to G.R. No. 505 of 2018 subject to the condition laid down under section 438 (2) Cr. P.C. with further conditions that:

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I. the petitioners will co-operate with the investigation of the case,

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II. the petitioners will appear before the Investigating Officer as and when noticed.

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III. the petitioners will furnish their mobile phone numbers by way of filing affidavit in the court below and will undertake that they will not change their mobile phone numbers during the pendency of this case.

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If Investigating Officer requires mobile phone numbers of the petitioners, he can make appropriate prayer before the trial court and on such prayer being made the court below will provide mobile numbers of the petitioners to the Investigating Officer.

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(Anil Kumar Choudhary, J.)

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Mumtaj Alam v. the State of Jharkhand

Case brief

What is this about?

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Mumtaj Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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