Allowed

Aash Mohd. v. State of Haryana

Punjab & Haryana HC25 Nov 2020CRM-M/33295/2020

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted regular bail to the petitioner in an FIR under the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, pending the receipt of the FSL Report to determine if the seized meat was cow meat, directing surrender upon its arrival.

What did the court decide?

Petitioner released on bail subject to bonds until FSL Report receipt; surrender directed upon receipt of report.

Aash Mohd. Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2020)

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209

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-33295-2020 (O&M) Date of decision : 25.11.2020.

Aash Mohd.

.....Petitioner

Vs.

State of Haryana .....Respondent

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CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

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Present: Mr. Mohammad Arshad, Advocate, for the petitioner.

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Mr. Naveen Singh Panwar, DAG, Haryana.

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ALKA SARIN, J. (ORAL)

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Heard through video conferencing.

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The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) for grant of regular bail to the petitioner in FIR No.0358 dated 03.09.2020 under Sections 13(1) and 13(3) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, registered at Police Station Ferozepur Jhirka, District Nuh Mewat, Haryana.

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Learned counsel for the petitioner has contended that the role attributed to the petitioner in the FIR is that he was apprehended at the spot packing the meat seized from the spot. Learned counsel for the petitioner would further contend that the petitioner has falsely been implicated in the case and that FSL Report is yet to be received in the present case and in the absence of FSL Report it cannot be ascertained whether the meat was cow

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meat or otherwise.

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TRIPTI SAINI 2020.11.26 11:35 I attest to the accuracy and integrity of this document

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CRM-M-33295-2020 (O&M)

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Mr. Naveen Singh Panwar, DAG, Haryana is not in a position to deny that the FSL Report has not been received in the present case. As per the custody certificate dated 03.11.2020, there is no other case pending against the petitioner and the petitioner has been in custody for 01 month and 29 days.

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In view of the fact that FSL Report is yet to be received in the present case and in the absence of the FSL Report it cannot be determined as to whether the meat recovered is cow meat or otherwise, I deem this to be a fit case for grant of regular bail to the petitioner till the receipt of the FSL Report.

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Accordingly, the present petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Illaqa Magistrate/Duty Magistrate/Trial Court concerned till the receipt of the FSL Report. On receipt of the FSL Report the petitioner is directed to surrender forthwith.

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However, the Prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail in any manner.

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It is, however, made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case.

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November 25, 2020 (ALKA SARIN) tripti JUDGE

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NOTE:

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Whether speaking/non-speaking: Yes/No Whether reportable: Yes/No

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TRIPTI SAINI 2020.11.26 11:35 I attest to the accuracy and integrity of this document

Aash Mohd. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Aash Mohd. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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