Md. Kalam And Anr vs State Of Jharkhand

Learned counsel for the petitioner undertakes to remove the following surviving defects within two weeks:

9(i) Page no. 15,16,17,18 may be arranged properly.

(ii) True T/C of handwritten pages of Annexure-1 may be filed.

(iii) U/S in registered part of F.I.R differs from Page-1 of FIR and impugned order. The same may be verified in Para-1 and prayer.

(iv) Para-4 of affidavit may be verified.

Heard learned counsel for the petitioner, Mr. Hemant Kumar Shikarwar and Mr. Prabir Kumar Chatterjee, leaned Special Public Prosecutor.

Petitioners, who are the owner and driver of the vehicle no. JH10AA 4734, seek protection in terms of Section 438 Cr.P.C in connection with Chauparan P.S. Case No. 83 of 2018, G.R. No. 1195 of 2018 instituted under Sections 414/34 of Indian Peal Code and Section 12/3/4/4(A)/5/13 of Jharkhand Bovine Animal Prohibition of Slaughter Act,2005 and Section 12 of Prevention of Cruelty to Animals Act, 1960, pending in the court of Judicial Magistrate, 1 st Class, Hazaribag.

Learned counsel for the petitioners submits that vehicle in question was apprehended on suspicion that cattle were being transported for slaughter and four persons, who were the traders arrested on the spot. It is alleged that petitioner no. 2, driver fled away. Thereafter, both the petitioners were also implicated. There is no material for the prosecution to allege that cattle were being transported for slaughter to Bengal from Bihar. As such, offence under the Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005 are not made out against these petitioners. The petitioner no. 1, owner was not even at the spot. Therefore, petitioners may be granted protection from unnecessary incarceration as the allegations are unfounded.

Learned Special Public Prosecutor has opposed the prayer. He submits that petitioners are reportedly having criminal antecedent also.

I have considered the submission of learned counsel for the parties and taken into account the relevant facts and circumstances. Having regard to the fact that petitioner no. 1 is the owner, who is not alleged to be present at the spot and petitioner no. 2, driver, who was engaged in driving the vehicle for transporting the cattle hired by other accused persons, I am of the view that petitioners deserve to be granted protection under Section 438 of the Cr.P.C. Accordingly, petitioners above named, in the event of their surrender or arrest within a period of 4 weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Hazaribag in connection with Chauparan P. S. Case No. 83 of 2018, G. R. No. 1195 of 2018, subject to the condition as laid down under Section 438(2) of Cr.P.C. Petitioners shall cooperate in the investigation. Petitioners and their bailors shall not change their address or mobile phone number without permission of the trial court.