Irfan Abdul Rahim Qureshi v. State Of Maharashtra

SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1790 OF 2023 Irfan Abdul Rahim Qureshi ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Ganesh Gupta a/w. Mr. Rahul Lolankar with Mr. Sanket Rejendra Kankate i/by G. G. Legal Association, for the Applicant.

Mrs. Rutuja Ambekar, APP for the State-Respondent.

CORAM

: AMIT BORKAR, J.

DATED : JUNE 28, 2023 P.C.:

1.

Apprehending arrest in connection with C.R.No.505 of 2023 registered with Kondhwa police station, Pune for offences punishable under Sections 332, 353, 201, 143, 147, 149, 429, 506 r/w 34 of the Indian Penal Code, 1860 (for short 'IPC') and under Sections 5, 5(c), 9, 9(a), 9(b), 11 of the Maharashtra Animal Preservation Act, 1995, the applicant is seeking relief of pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.).

2.

According to the prosecution, the informant went at the spot of incident for seizure of the cattles which were kept for slaughtering purpose. The applicant along with other 10 to 15 persons went on informant had assaulted and manhandled to the informant. The informant lodged report against the applicant. The

applicant, therefore, filed application under Section 438 of Cr.P.C. before learned Sessions Judge which came to be rejected by order dated 6 June, 2023.

3.

On prima facie, perusal of case diary and other material produced on record, it appears that no specific role has been attributed to the applicant. The incident has not been resulted into causing any injury. In the absence of specific role attributed to the applicant, therefore, custodial interrogation of the applicant is not required. At this stage, the applicant deserves to be protected. Hence, following order:

a) In the event of arrest in connection with C.R. No.505 of 2023 registered with Kondhwa police station, Pune for offences punishable under Sections 332, 353, 201, 143, 147, 149, 429, 506 r/w 34 of IPC and under Sections 5, 5(c), 9, 9(a), 9(b), 11 of the Maharashtra Animal Preservation Act, 1995, the applicant be released on bail on furnishing P.R. bond of Rs.25,000/-, along with one or two sureties in the like amount.

b) The applicant shall remain present before the concerned police station on 30th June, 2023, 3rd and 5th July 2023 between 11:00 am to 2:00 pm thereafter, as and when called by the investigating officer.

c) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

d) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. e) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the Court concerned, and shall not change the residence till the final disposal of the case. 4.

The anticipatory bail application stands disposed of. No costs.

(AMIT BORKAR, J.)