Anis Ahmed S/O. Abdul Rashid Qureshi v. State Of Mah. Thr. Pso, Ps Old Kamptee Nagpur.
2023:BHC-NAG:14634
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.394 OF 2023 Anis Ahmed S/o Abdul Rashid Qureshi Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri R.S. Akbani, Advocate for applicant.
Shri A.M. Kadukar, APP for non-applicant/State. CORAM :
M.W. CHANDWANI, J.
DATE : OCTOBER 05, 2023.
The applicant is apprehending his arrest in connection with Crime No.160/2023 registered with Police Station, Old Kamptee, Napgur for the offence punishable under Section 11(1), 11(1)(d), 11(1)(g) of the Prevention of Cruelty to Animals Act and Section 5(A), 5(B), 9, 9(A) and 9(B) of the Maharashtra Animal Preservation (Amendment) Act, 1995. 2.
Heard learned counsel for the applicant as well as learned APP for non-applicant/State. I have perused the case diary.
3.
Perusal of FIR shows that on receipt of secret information that slaughtering of caw, buffalo are going on, therefore, the police raided the slaughterhouse and found the animals. On enquiry, it was revealed that where the work of slaughtering was being undertaken belongs to Anis Ahmed Qureshi. Therefore, on the compliant, the aforesaid offence came to be registered against the present applicant.
4.
It is contended on behalf of the learned counsel for the applicant that the applicant does not own any tin-shed. It is further contended that the police have some misinformation and wrongly offence has been registered against the name of the applicant as Anis Ahmed Qureshi. He submits that the applicant does not own any land where the tin-shed is erected and is being used as slaughterhouse. 5.
Though in the reply, the bail application is opposed on the ground that the applicant did not cooperate in the investigation and the documents are required to be seized from the applicant. However, when the investigating officer, who is present in the court, is confronted with the submissions of the learned counsel for the applicant, he submits that as per the sale-deed of the said tin-shed belongs to Anis Ahmed Qureshi Hanif Qureshi and not in the name of the applicant. The copy of sale-deed is filed in the case diary.
6.
In view of this, prima facie, it appears that the applicant has no concerned with the alleged crime. Therefore, a case is made out for exercising discretion in favour of the applicant. Accordingly, I proceed to pass the following order:
ORDER
i.
The criminal application is allowed.
ii.
In the event of arrest in Crime No.160/2023 registered with Police Station, Old Kamptee, Napgur for the offence punishable under Section 11(1), 11(1)(d), 11(1)(g) of the Prevention of Cruelty to Animals Act and Section 5(A), 5(B), 9, 9(A) and 9(B) of the Maharashtra Animal Preservation (Amendment) Act, 1995, applicant - Anis Ahmed S/o Abdul Rashid Qureshi, shall be released on anticipatory bail on furnishing P.R. Bond in the sum of 25,000/- with one solvent surety in the like amount. ₹ iii.
The applicant shall not induce, threaten, or promise any witness, who are connected with the alleged crime. With this, the application is disposed of.
JUDGE Wagh