Gujarat High Court: Ilesh J. Vora, J. allowed an application for pre-arrest bail of the accused in connection with FIR which was filed under offences under Sections 11(1)(d), 11(1)(e), 11(1)(f) and 11(1) (h) of the Prevention of Cruelty to Animals Act, 1960 and Sections 6(a), 4, 3 and 8(2) of Gujarat Animals Preservation Act and Section 114 of IPC as well as Section 119 of the Gujarat Police Act.
Advocate of the appellant submitted that the appellant had been falsely implicated in the alleged offence and custodial interrogation of the applicant was not essential for the purpose of investigation.
The Court heard the respective parties and after considering the facts and circumstances of the case it was noted that the applicant was neither present at the place, nor any recovery being effected at his behest. The only role attributed to the present applicant was to the effect that he was supplier of prohibited animals. The Court further stated that nothing was brought on record to suggest that the applicant had supplied the animals.
The Court was of the view that there was no possibility of his fleeing from justice and there was nothing to be tempered with the evidence. Thus, the Court allowed the pre-arrest bail application on certain conditions. The Court however clarified that it was open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant.
[Asrafkhan Dilavarkhan Lashari v. State of Gujarat, 2022 SCC OnLine Guj 447, decided on 04-04-2022]
Counsels
for the Applicant(s) 1: Mr Jivabhai L Bhammar, Mr BM Mangukiya and Ms Bela A Prajapati
for the Respondent(s) 1: Mr Manan Maheta, APP
Suchita Shukla, Editorial Assistant has put this report together