Mohammad Sajid Ibrahim @ Bablu Quraishi S/O Iqbal Ahmed v. State Of Maharashtra, Thr. P.S.O. P.S. Kamptee (Old)

aba.571.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.

of 2016 (Mohammad Sajid Ibrahim @ Bablu Quraishi s/o Iqbal Ahmed vs.

State of Maharashtra, through P.S.O. Kamptee) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Laique Hussain, Advocate for the Applicant. Shri S.D. Shirpurkar, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 29 th SEPTEMBER, 2016.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

It is contended by the learned Counsel for the applicant that the bones seized in this case had not been established to be of cow and, therefore, at this stage, no offence of slaughtering of cow has been made out against this applicant. The learned A.P.P., on the other hand, strongly opposing this application submits that the applicant has a criminal history and that he is also absconding in one crime, which is Crime No. 182/2016 registered against him under Section 307 of the Indian Penal Code at Police Station Kamptee. He submits that the photographs of the bones show that they are of slaughtered cow.

The argument relating to criminal history of this applicant would perhaps become relevant, if there is some

aba.571.16 2 material available on record in this case to make any prima facie conclusion about involvement of the applicant in the present crime. That material as of now is not available. C.A. Report is still awaited. All necessary seizures have already been made. Therefore, I am of the view that this application can be allowed. Hence, the order.

The application is allowed and the interim anticipatory bail granted to the applicant by this Court on 01/09/2016 is hereby confirmed on the same conditions with addition of a condition that the applicant shall attend Police Station Kamptee everyday between 11:00 a.m. and 01:00 p.m. till filing of the charge-sheet.

The application is disposed of.

*sdw JUDGE

aba.571.16 3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 30/09/2016 P.A. to the Hon'ble Judge.