Mohd Rizwan Mohd Yamin Qureshi v. The State Of Maharashtra

20-ABA-508-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 508 OF 2023 Mohd. Rizwan Mohd. Yamin Qureshi ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Rajesh Khobragade for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 10 MARCH 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 24 of 2023 registered at Khadki Police Station, Pune for the offences punishable under Section 429 r/w. 34 of Indian Penal Code and Sections 5, 5(C), 9, 9(A), 9(B) of the Maharashtra Animal Preservation Act, 1976. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

According to the prosecution, on 17 January 2023 vehicle bearing registration No.MH05-DK-6079 was intercepted. It is alleged that during examination cow meat was found in the said vehicle. Kanchan P Dhuri 1 / 2

20-ABA-508-2023.odt 5.

The only incriminating material against the present applicant is the statement of the co-accused. There are no other criminal antecedents. The learned Counsel for the applicant submits that pursuant to the order passed by this Court dated 21 February 2023, the applicant has deposited an amount of Rs.25,000/- with the Tata Memorial Hospital. Considering the overall facts and circumstances of the case, I am inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed :

(i) Application is allowed.

(ii) In the event of arrest of the applicant - Mohd. Rizwan Mohd. Yamin Qureshi in Crime No. 24 of 2023 registered at Khadki Police Station, Pune for the offences punishable under Section 429 r/w. 34 of Indian Penal Code and Sections 5, 5(C), 9, 9(A), 9(B) of the Maharashtra Animal Preservation Act, 1976, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

(iii) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall co-operate in the investigation.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.04.11 14:01:12 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2