New Delhi:
Rajasthan Authorities has appealed to the Supreme Court docket to cancel the bail of a ‘recurring felony’ within the Gauvansh case. Extra Advocate Basic Shiv Mangal Sharma has filed a petition to withdraw the bail order of Nazim Khan, accused within the cow transportation and animal cruelty case. The Rajasthan authorities has filed a petition within the Supreme Court docket to cancel the bail of Nazim Khan, accused in a serious cow dynasty case. Within the petition, a request has been made to cancel the bail granted to Nazim Khan on 21 October 2024.
This case is said to the FIR registered in February 2021 at Nadauti police station in Karauli district of Rajasthan. At the moment the police had stopped a truck which was loaded with cows and bulls. Rajasthan Police had stopped the truck on suspicion of unlawful transportation of cattle, which was in violation of the Rajasthan Bovine Animals Act, 1995 and the Prevention of Cruelty to Animals Act, 1960.
Throughout search of the truck, 26 cows and bulls have been discovered, one in every of which was useless. The motive force of the truck and one other passenger have been detained. The accused Nazim Khan reportedly managed to flee. Investigation revealed that Khan had a number of instances of cattle transportation registered towards him in Rajasthan and Uttar Pradesh, indicating a recurring and severe nature of his crime.
Bail granted in absence of state
The Supreme Court docket had granted bail to Khan on October 21, 2024, through which some vital info weren’t introduced because of the absence of the state authorities.
Within the petition filed by the Rajasthan authorities, it was acknowledged that details about Khan’s felony historical past was not earlier than the court docket, as a consequence of which bail was ordered.
What are the arguments of Rajasthan authorities?
The state’s stand has been introduced within the petition filed by Extra Advocate Basic Sharma, through which a number of vital arguments have been made for canceling Khan’s bail:
- Recurring offender and felony historical past: Khan has a number of instances registered towards him underneath the Rajasthan Cow Act and Cruelty to Animals Act, in addition to gang-related fees in Uttar Pradesh. The Authorities of Rajasthan believes that Khan’s felony historical past makes him a recurring offender who poses a menace to public security if launched on bail.
- Excessive threat of repeating the crime: The state has expressed apprehension that Khan’s bail could result in continuation of crimes like cow smuggling. The federal government has careworn the necessity for strict containment measures.
- Failure to signify as a consequence of procedural lapse: The State expressed remorse for not correctly presenting its case within the case and sought reconsideration of the bail in view of Khan’s felony conduct.
Prison historical past of accused Nazim Khan
Khan, a resident of Sambhal district of Uttar Pradesh, is accused of violating Rajasthan’s strict cow safety legal guidelines. Police data present that Khan has been concerned in comparable instances in Uttar Pradesh additionally, through which a number of arrest warrants have been issued towards him.
The Rajasthan authorities’s petition states that Khan’s actions not solely violate the legal guidelines of the state, but in addition present his indifference in direction of authorized processes. The federal government says Khan’s continued flight and avoidance of courts makes him a excessive threat and revoking his bail is important within the curiosity of regulation enforcement.
What would be the impact of the Supreme Court docket’s choice?
This case exhibits the federal government’s dedication in direction of enforcement of Rajasthan’s cow safety legal guidelines. If the Supreme Court docket cancels Khan’s bail, it’s going to set an instance of robust regulation enforcement towards recurring criminals.
The upcoming choice of the Supreme Court docket on this case is not going to solely give a brand new path to regulation enforcement however may even have a major influence on the bail instances of criminals underneath animal safety legal guidelines. This choice will assist in hanging a steadiness between judicial discretion and strict authorized measures in instances of animal cruelty and unlawful transportation.
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