SHAKIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral)

(2.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.240 dated 03.05.2010, under Sections 3/8, 5/8, 2/80 of the Punjab Prohibition of Cow Slaughter Act, 1955, registered at Police Station Nuh, District Mewat. I have heard learned counsel for the parties and have gone through the whole record. A coordinate Bench of this Court while issuing notice of motion on 09.06.2010 passed the following order:- Learned counsel alleges that the petitioner is a juvenile. He is less than 16 years of age and further that even as per the allegations in the FIR was not identified by the alleged secret informer. Notice of motion for 07.07.2010. In the meantime, in the event of arrest of the petitioner he is ordered to be released on interim bail to the satisfaction of SHO/Investigating Officer, subject to the conditions laid down in Section 438(2) Cr.P.C. It has been stated by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 09.06.2010. It has also been stated by learned counsel for the State that petitioner has joined the investigation and that he is no more required for any custodial interrogation. THEre are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Shakir is accepted and order dated 09.06.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. THE present petition stands disposed of accordingly.