High CourtsSingle Bench(2020) 08 JH CK 0068

Mohammad Adam Quraishi @ Adam Quraishi @ Adam And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 11 August 2020

HON’BLE JUDGES
Kailash Prasad Deo, J
CASE NUMBER
Bail Application No. 4990 Of 2020

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Judgment

29 paragraphs · 549 words

Learned counsel for the petitioners has submitted that though there are defects being defect nos.5(e) and 9(i) in the bail application as pointed out by

the stamp reporting dated 10.07.2020 but he has filed an undertaking that he shall remove the defects after the lockdown period is over and the bail

application may be heard as it is a regular bail in which petitioners are in custody since 15.05.2020.

Considering the same, this Court is inclined to hear the bail application on merits but with condition that petitioners shall remove the defects within 30

days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lockdown period is over so as to remove the defects. Heard,

learned counsel for the petitioners, Mr. Vikash Kumar and learned counsel for the State, Mr. Prabir Chatterjee.

Petitioners has prayed for grant of regular bail in connection with Chandil P.S. Case No.94 of 2020, for the offence registered under Section 411 IPC,

Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005. Learned

counsel for the petitioners has submitted that nothing has been collected by the investigating officer to alleged that these petitioners slaughtering four

he-calf and one she-calf in their house, as such, petitioners having no criminal antecedent and they are in custody since 15.05.2020 may be enlarged

on bail.

Learned counsel for the State has opposed the prayer for bail. After hearing, learned counsel for the parties and perusing the materials brought on

record, it appears that petitioners have no criminal antecedent and petitioners are in custody since 15.05.2020, as such, petitioners ( Mohammad Adam

Quraishi @ Adam Quraishi @ Adam and Md. Mosim Ansari @ Mosim Ansari) are directed to be released on bail on furnishing bail bond of Rs.

20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. at Seraikella in connection

with Chandil P.S. Case No.94 of 2020 on the following conditions:-

(i) One of the bailors shall be deponent of the present case namely, Md. Nasim Kuraishi, S/o Shmasshul Hak Kuraishi, R/o House No.191 A,

Bandhugoda, Kapali, P.O.- Chandil, P.S.- Chandil, District- Saraikella-Kharsawan having UID Card No.5761 1783 2239.

Office is directed to send photo copy of the UID Card bearing No. 5761 1783 2239 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative (wife/brother/son/mother) of the petitioner.

(ii) The Jail Authority shall release the petitioners only after their medical check-up.

(iii) The Civil Surgeon, Saraikella is directed to medically examine the petitioners at the time of their release and if require, petitioners shall be taken

for quarantine, but if no such requirement is there, they shall be released forthwith, if not wanted in any other case.

(iv) Petitioners shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the learned trial court shall

cancel the bail bonds of the petitioners.

(v) Petitioners shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.