IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-19943 of 2009 Date of decision : September 08, 2009 Sazid Khan ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Pankaj Mehta, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) By this common order, I am disposing of two petitions i.e. Criminal Misc. No. M-19943 of 2009 filed by Sazid Khan and Criminal Misc. No. M-20271 of 2009 filed by Zafral Islam, both seeking bail in case FIR No. 53 dated 11.2.2009, under sections 11/59/60 Animal Atrocities Act, under sections 279, 429, 419, 420, 468, 471 IPC and under sections 4-A/8, 2/80 C.S. Act, Police Station Sadar Hansi, District Hisar. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, on 11.2.2009, cows, calves and oxen were being transported in Canter for slaughtering. They were also tied by their legs in cruel manner. The Canter lost balance and Criminal Misc. No. M-19943 of 2009 -2- over-turned resulting in death of one cow and one ox at the spot. The Canter driver and other occupants of the Canter ran away from the spot. On 19.2.2009, petitioner Sazid Khan surrendered in the court of Judicial Magistrate impersonating as Shane Alam who was driver of the Canter. Sazid Khan also produced driving licence in the name of Shane Alam but bearing photograph of petitioner Sazid Khan. On investigation it was found that the said driving licence of Shane Alam had been forged by pasting the photograph of Sazid Khan. Petitioner Sazid Khan disclosed that he had been paid Rs 2000/- by Zafral Islam petitioner who is owner of the Canter and was asked to impersonate and appear as Shane Alam driver of the Canter and he would be got bailed out. Learned counsel for the petitioner Sazid Khan contended that the petitioner is in custody since 19.2.2009 i.e. for more than six months. However, this circumstance is not sufficient to release petitioner Sazid Khan on bail keeping in view the allegations against him. The petitioner tried to interfere with the administration of justice by impersonating and appearing as Shane Alam in the court. Petitioner Sazid Khan also produced forged driving licence in the name of Shane Alam with his own photograph. Learned counsel for petitioner Zafral Islam contended that the Canter had in fact been sold to Sazid Khan petitioner. However, there is no material on record to substantiate this contention. Learned counsel for petitioner Zafral Islam also contended that the petitioner himself surrendered on 12.6.2009, showing his good intention. The contention cannot be accepted. The petitioner is owner of the Canter in question. The Canter has also been released on sapurdari to Criminal Misc. No. M-19943 of 2009 -3- petitioner Zafral Islam. He surrendered after 4 months of the occurrence and it would not show that he had any good intention. Moreover, he is said to be the guiding force for appearance of Sazid Khan petitioner as Shane Alam with forged driving licence of Shane Alam. Keeping in view the aforesaid but without meaning to express any opinion on merits, in my considered opinion, both the petitioners do not deserve the concession of bail. Both the petitions are accordingly dismissed. ( L.N. Mittal ) September 08, 2009 Judge 'dalbir'