CRM-M-29384-2025 and other connected case - 1- 249/3 + 350 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:06.08.2025 (i) CRM-M-29384-2025 Mukhtiyar Ahlmad @ Mukhtiyar Ahmed and another ...Petitioners vs. State of Punjab …Respondent (ii) CRM-M-34700-2025 Jagmeet Singh alias Mona …Petitioner vs. State of Punjab …Respondent (iii) CRM-M-38373-2025 Saleem @ Mohammad Saleem @ Shayad …Petitioner vs. State of Punjab …Respondent (iv) CRM-M-40090-2025 Tarsem Singh alias Seema …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Jaspreet Singh Brar, Advocate for the petitioners in CRM-M Nos.29384 and 40090 of 2025. Mr. Ashish Gupta, Advocate for the petitioner in CRM-M-34700-2025. Mr. Sarfraj Hussain, Advocate for the petitioner in CRM-M-38373-2025. Mr. Ravneet Singh Joshi, DAG, Punjab. *** HEMLATA 2025.08.12 23:03 I attest to the accuracy and integrity of this document CRM-M-29384-2025 and other connected case - 2- N.S.Shekhawat J.(oral) 1. This order shall dispose off above-said four petitions i.e. CRM-M- 29384-2025 titled as Mukhtiyar Ahlmad @ Mukhtiyar Ahmed and another Vs. State of Punjab; CRM-M-34700-2025 titled as Jagmeet Singh alias Mona Vs. State of Punjab; CRM-M-38373-2025 titled as Saleem @ Mohammad Saleem @ Shayad vs. State of Punjab and CRM-M-40090-2025 titled as Tarsem Singh alias Seema vs. State of Punjab, whereby the petitioners have prayed for grant of regular bail to them in case FIR No.63 dated 04.04.2025 registered under Sections 111(3), 298, 325, 61(2) of BNSS, Sections 3, 4, 8 of Punjab Prohibition of Cow Slaughter Act, 1955 and Sections 1 and 12 of Prevention of Cruelty to Animal Act, 1960, at Police Station Sadar Faridkot, District Faridkot. 2. The FIR in the present case was registered on the basis of the statement made by Mahant Garib Dass son of Nand Singh and the same has been reproduced below:- “Statement of Mahant Garib Dass aged about 45 years son of Nand Singh son of Kaka singh resident of Apna Ghar Old Age Aashram, Sikhanwala Road, Koktapura, Distt. Faridkot Mob. No. 985552-57008. It is stated that I am resident of above mentioned address and I am running Old Age Aashram under the name of Aapna Ghar Old Age Aashram at Sikhanwala Road, Kotkapura. I am the head servant of the same and I am also General Secretary of Punjab State Cow Prevention Dal. Except this, I am also helping Joint Cow Prevention Dal whose State President is Gurpreet Singh resident of Ludhiana. Our organization is doing a work of taking care of providing treatment to injured cows and also to take care of them. Gurmail Singh (Babbu son of Sukhdev Singh resident of Village Dhapey had formed one gang and in the said gang alongwith other persons he HEMLATA 2025.08.12 23:03 I attest to the accuracy and integrity of this document CRM-M-29384-2025 and other connected case - 3- had also joined his son Jagmit Singh @ Mona who is doing the work of selling the flesh of helpless cows who are roaming on streets after catching hold them and cutting them. That there are already cases pending against them for committing the same offence. That in our religion and as per our holy books cow is considered as mother. By the act of above mentioned personsour religious sentiments are hurt. Today I have got secret information that Gurmail Singh @ Babbu, his son Jagmit Singh @ Mona and alongwith another three unknown members of the gang are about to send the truck bearing No. JK-02-PB-5686 towards Sri Amritsar Sahib, after loading helpless cows from Village Dhapey. Then I alongwith my friend Manjit Kumar son of Banwari Lal resident of Friends Colony, Faridkot and Sukhwant Singh @ Happy son of Gurdev Singh resident of German Colony, Faridkot were waiting for the above said truck at the National Highway, Tehna and at about 05:00 AM in the morning we saw a truck bearing no. JK-02- PB-5686 going towards Sri Amritsar Sahib from the side of Kotkapura. Then I with the help of my friends followed the above said truck and checked the same after stopping at Bus Stand Chandbaja and in which 18 Cows were loaded and they have tied the cows in the truck with ropes mercilessly. On the inquiry by me truck driver disclosed his name as Mukhtiyar Ahmed son of Nazir Ahmad resident of Village Ganghot, Distt. Udhampur and conductor disclosed his name as Lal Khan son of Gulam Hussain resident of Pangali, Distt. Jammu (Jammu and Kashmir). I after leaving my friends at there have come to police post Kaler Camp at Chanbaja to give the information. Legal action be taken against Gurmail Singh Babbu, Jagmit Singh @ Mona, Mukhtiyar Ahmed, Lal Khan above said and other three unknown persons. You have recorded my statement, read and the same is correct. Sd/- Garib Dass above. Attested by Sd/- Hardev Singh ASI Police Post Kaler Campt at Chandbaja, P.S. Sadar, Faridkot Dated 04.04.2025.” HEMLATA 2025.08.12 23:03 I attest to the accuracy and integrity of this document CRM-M-29384-2025 and other connected case - 4- 3. Learned counsel appearing on behalf of Mukhtiyar Ahlmad @ Mukhtiyar Ahmed and Lal Khan, petitioners in CRM-M-29384-2025 submitted that the petitioners were merely working as a driver and conductor on a truck and have been falsely involved. In fact, both of them were working on the instructions of their employer, and it has been wrongly alleged that they had formed a gang for selling cows and cow meat. Even both of them were the salaried employees of the owner of the truck, who had instructed them to transport the cows from one place to another. The petitioners were arrested in the present case on 04, April 2025 and are in custody since last about four months. Even Mohammad Aslam, son of Bashir Ahmad, owner of the truck, has already taken the Superdari of the truck. After completion of investigation, challan has already been presented against the petitioners and their custody is no longer required for any purpose. 4. Learned counsel appearing on behalf of Tarsem Singh @ Seema- petitioner in CRM-M-40090-2025 submits that the petitioner was not named in the FIR and has been named only on the basis of the disclosure statement suffered by Gurmail Singh, co-accused. Even, it has been alleged that the cows were sold to Mukhtiyar Ahlmad @ Mukhtiyar Ahmed by the petitioner. The petitioner was arrested in the present case on 10th April 2025 and is in custody since last four months. Except the disclosure statement, there was no evidence to show that the petitioner was in touch with his co-accused. 5. Learned counsel appearing on behalf of Jagmeet Singh @ Mona submits that the petitioner was not named in the FIR and was never a member of a gang as alleged in the FIR. Even the police could not collect any evidence HEMLATA 2025.08.12 23:03 I attest to the accuracy and integrity of this document CRM-M-29384-2025 and other connected case - 5- to show that the petitioner was in touch with his co-accused. He further contents that the petitioner was involved in one more FIR No.86 dated 18.08.2024 under Section 299 of BNS and Section 8 of Punjab Prohibition of Cow Slaughter Act, registered at Police Station Division No.4, Jalandhar, in which, the petitioner has been granted the concession of bail. 6. Learned counsel appearing on behalf of Saleem @ Mohammad Saleem @ Shayad, petitioner in CRM-M-38373-2025 has also raised similar arguments and submitted that the petitioner has been arrested on 23 April 2025. He further contends that after completion of investigation, challan has been presented against him. He further contends that the prosecution has submitted a list of 30 witnesses, however, no witnesses has been examined so far. Still further, the petitioner was involved in one more FIR No.3 dated 05.01.2023 under Sections 295, 153-A, 428, 429, 120-B and Sections 3, 4, 8 of Punjab Prohibition of Cow Slaughter Act, registered at Police Station Sadar Kotkapura, Faridkot, but he is on bail in the said case. 7. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioners on the ground that the petitioners are part of one gang and were involved in an organized crime. Even 18 animals i.e. 11 cows and 7 bulls are loaded in a truck and this truck was used in taking the cows for slaughtering them. However, learned State counsel submits that the petitioners are in custody for the last about four months and the challan has been presented against all of them. 8. I have heard learned counsel for the parties and perused the record. HEMLATA 2025.08.12 23:03 I attest to the accuracy and integrity of this document CRM-M-29384-2025 and other connected case - 6- 9. In the present case, all the petitioners are stated to be in custody for almost four months and the investigation has already been completed by the police. The petitioners, namely, Jagmeet Singh @ Mona and Saleem @ Mohammad Saleem @ Shayad were involved in other cases also, however, they are on bail in all those cases. The prosecution has relied upon 30 witnesses, but no witness has been examined so far. Thus, the conclusion of the trial may take quite a long time 10. Without commenting on the merits of the case, the present petitions are allowed and the petitioners are ordered to be released on bail subject to their furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. (N.S.SHEKHAWAT) 06.08.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.08.12 23:03 I attest to the accuracy and integrity of this document