- (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 : "File taken up on the application for accepting and attesting the bail bond/surety bond of applicant/accused. In pursuance to the order dated 27.06.2008 passed by the learned Addl. Sessions Judge, Yamuna Nagar at Jagadhri, both the accused are admitted to bail on furnishing of bail bond in the sum of Rs. 30,000/- each with one surety in the like amount. Requisite bonds furnished. Surety bonds are accepted and attested whereas personal bonds are accepted subject to the attestation by the jail authority. Release warrant of both the accused be issued in the name of Superintendent, concerned jail with the direction to release both the accused immediately, if not required in any other case. Now to come up on 02.07.2008, the date already fixed in this case."
(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 : "Four prosecution witnesses have come present but cannot be examined today as one of the accused namely Murtaza has not come present and is absent. An application has been moved on behalf of the accused Murtaza, seeking exemption from the personal appearance of the said accused, pleading therein that the accused Murtaza is suffering from fever and loose motion and is unable to attend the court today. The said application is not supported by any medical certificate of any doctor and hence the application seeking exemption from the personal appearance of the accused Murtaza stands dismissed. Bail bonds surety bonds of accused Murtaza stands cancelled and forfeited to the State. He be now summoned through non-bailable warrants for 06.05.2010. His surety be also summoned for date fixed.";