Asfi Rafique Thothe v. The State Of Maharashtra

2023:BHC-AS:31430 Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 750 OF 2023 Asfi Rafique Thote ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Amar Nizami, for the Applicant.

Mr. M. G. Patil, APP for the State/Respondent.

CORAM:

N. J. JAMADAR, J.

DATED:

18th OCTOBER, 2023 ORDER:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with CR No.421 of 2022, registered with Vimantal Police Station, Pune, for the offences punishable under Sections 175, 272, 274, 328, 420 of Indian Penal Code, 1860 ("the Penal Code") and Sections 11(3) and 12 of Prevention of Animal Cruelty Act, 1960.

3.

When the application was listed before the Court on 30th March, 2023, this Court was persuaded to grant interim protection.

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4.

The learned APP, on instructions of the Investigating Officer, who is present before the Court, submits that the applicant has appeared before the Investigating Officer. Post completion of the investigation, charge-sheet has also been lodged.

5.

The indictment against the applicant appears to be that accused No.1 Allauddin alias Babubhai Laskar was manufacturing Oxytocin injunctions. The co-accused Sameer Kureshi had supplied the said injunctions to the other coaccused. It further transpired that the principal accused had obtained the chemical/raw material required to manufacture Oxytocin from the applicant.

6.

In the backdrop of the aforesaid nature of the accusation and at this length of time, further custodial interrogation of the applicant does not seem to be warranted. Since the applicant is on interim protection since 30th March, 2023 and post completion of investigation charge-sheet has been lodged, I am inclined to exercise the discretion in favour of the applicant.

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7.

Hence, the following order.

: O R D E R :

(i) In the event of arrest of the applicant in CR No.421 of 2022, registered with Vimantal Police Station, Pune, the applicant be released on bail on furnishing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall cooperate with the investigation and appear before the Investigating Officer as and when directed.

(iii) It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only.

(iv) Application stands disposed.

[N. J. JAMADAR, J.] 3/3