Jahangir Ismail Shaikh v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2817 OF 2017 Jahangir Ismail Shaikh ... Applicant

VERSUS

The State of Maharashtra & ors.

... Respondents .....

Mr. A.N.Kakade, advocate for the applicant Mr. S.B.Joshi, A.P.P for respondents .....

CORAM : K.L.WADANE, J.

DATED : 19th JUNE, 2017 O R D E R :

1.

Heard, Mr. Kakade, learned counsel for the applicant and the learned A.P.P. for respondents. 2.

On the basis of the information given by Ramdas Sukhdeo Patil with Navapur Police Station, regarding illegal transportation of cattle by the vehicle, the first information report came to be lodged against the present applicant, for offence punishable under section 307, 353, 332 r/w 34 of the Indian Penal Code and under Section 11 (d) (e) (f) (h) of Prevention of Cruelty to Animal Act, Section 119 of Mumbai Police Act and Section 83/177 and 184 of Motor Vehicles Act. On the

basis of the first information report given by the informant offence at Crime No.111/2017 was registered on 25/4/2017.

3.

Perused the first information report and other papers of investigation, from which it reveals that at the time of the incident, the police personnel including present applicant noticed that one vehicle loaded with 6 cows and a calf were proceeding in the vehicle. Therefore, the police gave signal. The present applicant has not responded to the signal and proceeded further. The present applicant gave dash to the police vehicle and ran away.

4.

Subsequently, police chased and caught hold the applicant. Looking to the nature of the allegations against the present applicant, it appears that the applicant has no fear of even police and the manner in which he committed the offence appears to be of serious nature. There are specific allegations against the applicant, which is clear from the statements of the witnesses including independemt witness Sunil. Considering

the nature of allegations, the applicant is not entitled for anticipatory bail.

5.

The learned A.P.P. submits that, there are 6 to 7 offences registered against the present applicant including one offence of the similar nature.

6.

The Criminal Application is rejected.

(K.L.WADANE, J.) dbm/crap2817.17