Feroj @ Babya Ajiz Qureshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3574 OF 2022 Feroj @ Babya Ajiz Qureshi .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Ashok B. Tajane for the Applicant.

Mr. S.V. Gavand, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 10th MARCH, 2023.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant seeking pre-arrest bail in C.R.No.456/2021 registered with M.I.D.C. Police Station, Solapur for offences punishable under sections 5(B), 9 and 11 of the Maharashtra Animal Preservation (Amendment) Act, 1995.

2.

Heard learned counsel for the Applicant and learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 3.

The records reveal that pursuant to the information received, Mr. Samadhan Baban Kadam, PSI, M.I.D.C Police Station, had raided the 1/3

place at Shivganga Nagar and found that 16 cows were tied without providing any food and proper shelter. The co-accused - Asif Liyakat Qureshi who was found at the place of the incident, has already been enlarged on bail. This Court (Coram : R.N. Laddha, J.) by order dated 23/12/2022 had recorded the statement of the learned APP that the investigation is already completed and that the custodial interrogation of the Applicant is not required.

4.

Considering the said statement as well as the reasons stated in the said order, in my considered view, this is not a case which would justify custodial interrogation. Hence, the Application is allowed on the following terms and conditions :- (a) In the event of arrest of the Applicant in C.R.No.456/2021 registered with M.I.D.C. Police Station, Solapur, he shall be released on bail on furnishing bail bonds in the sum of Rs.20,000/- with one or two sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer as and when required by the Investigating Officer ; 2/3

(c) The Applicant shall not interfere with the witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

The Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) PREETI JAYANI by PREETI H JAYANI Date: 2023.03.14 11:22:25 +0530 3/3