Sahwaz @ Sahabuddin @ Shabaz vs State Of Jharkhand

Heard both counsels through telephonic conversation in which both the counsels Mr. Vikash Kumar, counsel for the petitioner and Mr. Suraj Verma, counsel for the State could hear each other and also I was able to conduct the hearing.

Learned counsel for the petitioner has submitted that the petitioner is a poor Khalasi and he has only acted upon the direction of the owner of the vehicle and therefore he cannot be made responsible for the said offence. Learned counsel for the petitioner has further submitted that the petitioner has only carried out the duty for his livelihood and he has at no point of time treated the animals with cruelty at all. He has further submitted that petitioner is languishing in jail custody since 04.01.2020 and petitioner is only bread-earner of his family and he has already sufficiently been punished, therefore he may be allowed privilege of bail.

Learned counsel for the State, learned APP on the other hand has argued that the offence is totally made out against the petitioner under section 12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 and 11 of the Prevention of Animal Cruelty Act, 1960 and particularly the element of cruelty of the animals are there as well as he has no transit chalan for the same. He has also said that the petitioner has pleaded that there was no cruelty involved however, it is revealed from the record that animals were being transported in a very small container measuring 7'x5' in which animals were pushed into and cramped and they were suffering from the small space, therefore the offence of cruelty to the animals is made out. He has also said that this is a serious case which is a sessions trial case with punishment of 10 years.

Having heard counsels for both the side; having gone through the records of the case and in the facts and circumstances of the case, I allow this bail application and direct the court below to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate at Seraikella in connection with Gamharia P.S. Case No. 01 of 2020.