JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral):- Petitioners-Jafru and Mustaque @ Gunga, sons of Issar, have directed the instant petition for the grant of anticipatory bail in a case registered against them along with their other co-accused, vide FIR No.171 dated 18.08.2012, on accusation of having committed the offences punishable under Sections 4A/8, and 2/80 of Cow Slaughter Act, by the police of Police Station Punhana, District Mewat, invoking the provisions of Section 438 Cr.P.C. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. 4. During the course of preliminary hearing, the following order was passed by this Court on May 13, 2013:- “Learned counsel, inter alia, contended that the names of the petitioners are not mentioned in the FIR. Moreover, Raffik and Habbu, whose names were described in the FIR, were found innocent by the police. The argument is that the petitioners have been falsely implicated in the instant case by the police only on the basis of disclosure statement of co-accused and nothing is to be recovered from them. Heard. Notice of motion be issued to the respondent, returnable for 22.05.2013. Meanwhile, the petitioners are directed to join the investigation before the next date of hearing. In the event of their arrest, the Arresting Officer would admit them to bail on their furnishing adequate bail and surety bonds in the sum of Rs.25,000/- each to his satisfaction.” 5. At the very outset, on the instructions from HC Jagdish Chander, learned State Counsel has acknowledged the factual matrix & submitted that the petitioners have already joined the investigation and challan has not yet been presented against them. They are no longer required for further interrogation, at this stage. There is no history of their previous involvement in any other criminal case. The conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons and taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted.
There is no history of their previous involvement in any other criminal case. The conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons and taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioners by this Court, by virtue of order dated May 13, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this respect. ---------0.B.S.0------------