Bombay High CourtBA/371/2016allowed

Mohammad Azhar Mohammad Hanif (In Jail) v. State Of Maharashtra, Thr. P.S.O. P.S. Khamgaon, Buldana

2016-05-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba371.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.371 OF 2016 (MOHAMMAD AZHAR MOHAMMAD HANIF...VS..STATE OF MAH. THR. PSO PS KHAMGAON (RURAL), DIST. BULDHANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : MAY 05, 2016.

Heard Shri R.M.Mardikar, advocate for the applicant and Shri S.B.Bissa, A.P.P. for the non-applicant. With the assistance of the learned advocate for the applicant and the learned A.P.P., I have gone through the F.I.R. and the copy of the reply filed by the Investigating Officer before the Sessions Court, which is placed on record. The applicant is arrested on 30th March, 2016 in crime registered against him for the offences punishable under Sections 379, 429 and 34 of the Indian Penal Code, Section 5(a) and (b) of the Maharashtra Animal Preservation Act (as amended) and Section 11 of the Prevention of Cruelty to the Animals Act, 1960.

The accusations against the applicant are that Sk. Nazim Sk. Mehboob and Janardhan Kharat committed theft of five bullocks out of which four bullocks were sold to the applicant and his brothers and it is revealed on investigation that the applicant and his brothers slaughtered the four

2 ba371.16 bullocks.

The learned advocate for the applicant states that some of the co-accused are released on bail.

Considering the facts on record, nature of the accusations against the applicant and as the reply filed by the non-applicant before the Sessions Court does not show that the non-applicant require the custody of the applicant for further investigation, in my view, the applicant is entitled to be released on bail.

Hence, the following order :

The applicant having been arrested in Crime No.37 of 2016, registered by the non-applicant, the applicant be released on bail on furnishing P.R. Bond for Rs.Twenty Thousand and one solvent surety in the like amount. The application is allowed in the above terms. JUDGE RRaut..