Mujammin Murtuja Bhure v. The State Of Maharashtra

ABA 1394-19.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1394 OF 2019 Mujammin Murtuja Bhure .Applicant Vs.

The State of Maharashtra .Respondent Mr. Akhilesh Singh, Advocate, for the Applicant Mr. A. A. Palkar, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

03.07.2019 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks pre-arrest bail in connection with C. R. No. 53 of 2018 registered with the Satpati Police Station, Palghar, for the alleged offence punishable under Section 379 r/w 34 of the Indian Penal Code; under Sections 9, 5(a)(b) of the Maharashtra Animal Preservation ( Amendment ) Act, 1976; under Sections 11(a)(u)(f)(gh)(d)(ch) of the Prevention of Cruelty to Animals Act and under Sections 47 & 56 of the Transport of Animals Rules, 1978.

ABA 1394-19.doc 3.

Perused the papers. According to the Complainant - Mr. Chandrakant Kashinath Pimpale, unknown persons had stolen his two bulls, costing Rs. 70,000/- by injecting them with drugs, after making them unconscious. In the said case, four persons were arrested. During interrogation, the name of the Applicant surfaced. The allegation as against the Applicant is that he injected the bulls with drugs and made them unconscious, after which, the bulls were stolen. There is a similar offence registered as against the Applicant i. e. C. R. No. 44 of 2017. 4.

Considering the aforesaid allegations, custodial interrogation of the Applicant is necessary. Hence, the Application stands rejected.

5.

It is made clear, that the observations made herein are prima facie for deciding the aforesaid Application and if an Application for regular bail is filed, the same shall be considered on its own merits, uninfluenced by the observations made in this order. (REVATI MOHITE DERE, J.)