Gaffar Janmahemmad Qureshi v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.990 OF 2021 Gaffar Janmahemmad Qureshi ... Applicant

Versus

State of Maharashtra ... Respondent ----- Mr. Pandit Kasar, Advocate for the Applicant. Smt. A.A. Takalkar, APP for Respondent-State. ----- CORAM :- SARANG V. KOTWAL, J.

DATE :- 06th APRIL, 2021 P. C. :- 1.

The Applicant is seeking anticipatory bail in connection with C.R.No.55/2021 registered at Junnar Police Station, District-Pune on 28.2.2021 under Section 269 read with 34 of the Indian Penal Code and under Sections 5A, 5B, 5C and 9 of the Maharashtra Animal Preservation (Amendment) Act, 1995.

2.

The FIR was lodged by Police Constable Nadeem Tadvi attached to Junnar Police Station. He has stated that on 28.2.2021 at about 8:30 a.m., the Police Officers received an

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information that the present Applicant and his associates were slaughtering cows in his house. The police officers formed a team. They went to the spot with panchas. They went to the house of the present Applicant. As soon as the Applicant and his associates saw the police officers, they ran away from the spot. The police entered his house. They saw fresh meat and blood. They seized the machines, inverters etc.. A Veterinary Doctor was called. He verified that the meat was beef. On this basis, the FIR is lodged.

3.

Heard Shri Pandit Kasar, learned Counsel for the Applicant and Smt. A.A. Takalkar, learned APP for the State. 4.

Learned Counsel for the Applicant submitted that the Applicant was not found at the spot. He had nothing to do with the alleged offence. He can be put to strict conditions and he shall cooperate with the investigation.

5.

Learned A.P.P. opposed this application. She submitted that the details of the raid are mentioned in the FIR. The Medical Officer has given his opinion that it was beef and,

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therefore, the offence is clearly made out. She opposed this application on these submissions.

6.

I have considered all these submissions. The FIR is clear enough. The events are described in detail. As soon as the police party reached the house, the Applicant and his associates ran away from the spot. Freshly cut beef was found in the house. The Veterinary Doctor has given his opinion that it was beef. Therefore, the offences under the Sections applied are clearly made out. Therefore, there is no reason why anticipatory bail should be granted to the present Applicant. There is no merit in the Application. The Application is rejected. (SARANG V. KOTWAL, J.) Deshmane (PS)