Parvez S/O Hazi Qureshi v. The State Of Maharashtra
{1} BA 268 OF 2022 & ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 934 BAIL APPLICATION NO.268 OF 2022 .
Parvez S/o Hazi Qureshi Age: 38 years, Occu.: Labour, R/o. Devigalli, Sangamner, Tq.Sangamner, Dist.Ahmednagar.
..Applicant (Original Accused No.7)
VERSUS
.
The State of Maharashtra Through its Police Station In-charge, Sangamner City Police Station, Tq.Sangamner, Dist.Ahmednagar ..Respondent ...
Advocate for Applicant : Shri Narayan B. Narwade APP for Respondent : Shri V.S.Badakh ...
BAIL APPLICATION NO.49 OF 2022 .
Jahir Anwar Kureshi Age: 29 years, Occu.: Business, R/o. Bharatnagar, Sangamner, Tq.Sangamner, Dist.Ahmednagar.
..Applicant (Orig. accused)
VERSUS
.
The State of Maharashtra Through the Police Ofcer, Sangamner City Police Station, Sangamner, Tq. Sangamner, Dist.Ahmednagar.
..Respondent ...
Advocate for Applicant : Shri S.P.Hiwale APP for Respondent : Shri V.S.Badakh ...
BAIL APPLICATION NO.200 OF 2022 1.
Abdul Wahed Abdul Kareem Quarsihi (Qureshi) Age: 31 years, Occu.: Business, R/o. Bharat Nagar, Near Sadruddin Hospital, At Post Sangamner, Tq.Sangamner, Dist.Ahmednagar.
{2} BA 268 OF 2022 & ORS. 2.
Nawaj Javed Qureshi Age: 26 yrs., Occu.: Labour, R/o. Bharatnagar, Tq.Sangamner, Dist.Ahmednagar.
..Applicants
VERSUS
.
The State of Maharashtra (Through Sangamner City Police Station Tq.Sangamner, Dist.Ahmednagar) ..Respondent ...
Advocate for Applicant : Shri S.S.Jadhav APP for Respondent : Shri V.S.Badakh ...
CORAM : M.G.SEWLIKAR, J.
DATE: 3rd March, 2022 PER COURT :- 1.
All these applications are disposed of by common order as they arise out of the same crime.
2.
Heard.
3.
It is alleged in the FIR that the Police Authority received information that accused were running cow slaughter without possessing any licence. Therefore, the Police party raided the spot of the incident where the Police Ofcers found that cattle were crammed in a room and some were slaughtered. Cow meat of 12,000 kgs. was found. This slaughter house was being run in a Wada. All the applicants were found in near-by locality and seeing the Police they ran away. They were apprehended. Some
{3} BA 268 OF 2022 & ORS. accused were seen in the Wada. On these allegations, FIR came to be lodged against the applicants on the basis of which Crime No.0518 of 2021, came to be registered with Sangamner City Police Station, District Ahmednagar, under Sections 269, 429 read with Section 34 of the Indian Penal Code, under Sections 5(a), 5(c), 9(a), 9 of Maharashtra Animal Preservation Act and under Sections 3 and 11 of the Prevention of Cruelty to the Animal Act. All the applicants were arrested. 4.
Shri Satej S.Jadhav, Shri Narayan B.Narwade and Shri S.P.Hiwale, learned counsel for the respective applicants submit that all the ofences are bailable except ofence under Section 9 of the Maharashtra Animal Preservation Act. All of them submit that punishment provided for these ofences is imprisonment of either description for a minimum term of six months which can be extended to fve years. They submit that ofence is not punishable with death or imprisonment for life. They submit that all the accused have criminal antecedents. However, condition can be put that bail of the applicants will be cancelled, if they indulge in the same activities again.
5.
Learned APP for the respondent-State submits that the applicants were running a slaughter house without licence.
{4} BA 268 OF 2022 & ORS. Ofence is serious in nature. Hence, he prayed for rejection of the applications.
6.
Charge-sheet is fled. All the ofences except ofence under Section 9 of the Maharashtra Animal Preservation Act is nonbailable. The Wada is owned by Abdul Wahed Abdul Kareem Qureshi, Nawaj Qureshi and Jahir Kureshi and Parvez Qureshi. On perusal of the charge-sheet, it appears that some witnesses have stated that they provided cattle to the slaughter house. All these animals were found in the Wada and the Wada belongs to all the applicants. Except their oral statements, there is nothing to show that these cattle were sold by these persons for slaughtering. Considering the quantum of punishment, I am inclined to release the applicants on bail by imposing certain condition. In view of this, following order is passed : -
ORDER
i) Bail Application Nos.268 of 2022, 49 of 2022 and 200 of 2022 are allowed.
ii) Each of the Applicants be released on P.R.Bond of Rs.45,000/- (Rs.Fourty-fve thousand only) with one solvent surety in the like amount, in connection with Crime No.0518 of 2021, registered with Sangamner City Police Station, District Ahmednagar, under Sections 269, 429 read with
{5} BA 268 OF 2022 & ORS. Section 34 of the Indian Penal Code, under Sections 5(a), 5(b), 5(c), 9(a) and 9 of the Maharashtra Animal Preservation Act and under Sections 3 and 11 of the Prevention of Cruelty to the Animal Act, and on condition that they shall not indulge in similar activities again. If they enter in similar activities again, prosecution is at liberty to move the Court for cancellation of bail.
iii) All the Bail Applications are disposed of.
iv) It is clarifed that the observations made in this order are restricted to the decision of this application only and the trial Court shall not get infuenced by the same and can come to its independent conclusion during trial. ( M.G.SEWLIKAR ) JUDGE SPT