This particular decision is upheld by the High Court of Gujarat through the learned bench led by HONOURABLE MR. JUSTICE ILESH J. VORA in the case of Asrafkhan Dilavarkhan Lashari v. State of Gujarat (R/Criminal Misc. Application No. 15565 of 2021).
The instant application was filed 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.
Arguments and Judgement:
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.
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Judgement reviewed by – Arvind Roshan