RAJINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition for grant of regular bail in a pending trial case registered vide FIR No. 369 dated 14.07.2011, under Sections 205, 419, 420, 466, 468, 471 of IPC at Police Station City, Jagadhri, District Yamuna Nagar.

(2.) The aforesaid FIR was registered on the complaint of the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri. The brief background of the case is that one FIR No. 50 dated 26.02.2008, under Sections 279, 336, 427, 307, 109 IPC, 4-B/8 of the Punjab Prohibition of Cows Slaughter Act, 1955 and Section 11 of The Prevention of Cruelty to Animals Act, 1960 was registered against Murtaza son of Anis and Shehzad son of Budhan at Police Station Sadar, Yamuna Nagar. On 18.06.2008, both the accused were produced before the Duty/Chief Judicial Magistrate. They were remanded to judicial custody with a direction to be produced on 02.07.2008. In the meanwhile, both the accused had filed application for bail which was allowed on 27.06.2008. Consequently, an application was moved by them on 28.06.2008 for the purpose of furnishing requisite bail bonds/surety bonds. In view thereof, following order was passed on 28.06.2008 by the Duty/Chief Judicial Magistrate :

(3.) A bail bond/muchalka was executed on the printed form by both Shehzad (accused) and Rajesh Kumar (surety) in the sum of Rs. 30,000/-. The surety also submitted copy of jamabandi for the year 1999-2000 and sworn an affidavit that he had never given any surety except in the case in hand. Similarly, another bond/muchalka was executed by both Murtaza (accused) and Om Parkash (surety). Om Parkash (surety) submitted copy of the jamabandi for the year 2002-03 with regard to his land in lieu of Rs. 30,000/- and had also sworn an affidavit that he had never given any surety in any Court except in the case in hand. Accordingly, both the accused, Murtaza and Shehzad, were released from the judicial custody. The case was committed to the Court of Sessions on 16.03.2009 and the charge was framed on 05.10.2009. On 19.04.2010, following order was passed by the learned Trial Court :