ASHRAF ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE accused -petitioners who are involved for an offence of cow slaughtering have not been granted bail by the Additional Sessions Judge, Jagadhari, on the pleas that the accused -petitioners have jumped bail more than twice and he, therefore, found that they were habitual offenders and the proceedings under Sections 82/83 of the Code of Criminal Procedure, were taken against them by the Judicial Magistrate, Jagadhari, who is the trial Court in the matter, for their this defeating conduct they have been refused bail.

(2.) I have heard learned counsel of the petitioners and the learned Assistant Advocate General, Haryana for the State. It is a fact that the petitioners are involved in a serious offence of cow slaughtering and ordinarily those people who kill a cow, on moral ethic and religious philosophy of Indians are to be dealt with severely under law. All the people living in India irrespective of any religion are bound to adhere to this sentiment and thought which is imbibed in out minds for thousands of years. However, as the law on the subject in Haryana is concerned, a sentence of 5 years has been fixed for cow slaughtering, I am not required to divulge on the subject at the moment on the question of quantum of sentence to have been fixed by the legislature and in due course of time when such a problem would arise in future, it will be dealt with in its right perspective. At the moment the concern of the trial Magistrate is that these offenders of cow slaughtering are not appearing before him and rather have jumped bail for which reason the learned Additional Sessions Judge, has been very right in not granting bail to the petitioners. However, we have to go by principle of natural justice as well and considering that once bail has been granted to the accused they shall not be refused bail subsequently till guilt is proved against them. They, therefore, are entitled to bail again so that they can prepare their - defence and contest their case properly. Having this principle of natural justice in mind, I order that the petitioners be released on bail in the amount of Rs. 50,000/ - with two sureties each and personal recognition bonds each in the like amount to the satisfaction of the trial Magistrate. The trial Magistrate will satisfy himself that the persons who appear as sureties are men of substance and good conduct. The petitioners shall not leave the territorial jurisdiction of the trial Magistrate during the course of trial and in case they remain absent again before the trial Court, the trial Court is at liberty to cancel their bail bonds without notice and can pass any other order which ever he feels better in the circumstances of the case under law. .