Shabana Gulab @ Gulam Husain Kureshi v. State Of Maharashtra

903_ABA1659_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1659 OF 2024 Shabana Gulab @ Gulam Husain Kureshi ...

Applicant Vs.

State of Maharashtra ...

Respondent Dr. Uday P. Warunjikar a/w. Ms. Sonali R. Chavan and Uzma Pathan for Applicant.

Mr. Bapu V. Holambe-Patil, APP for Respondent-State. CORAM : MANISH PITALE, J.

DATE : JUNE 26, 2024 P.C. :

.

Heard Dr. Warunjikar, learned counsel for the applicant and Mr.Holambe-Patil, learned APP for the respondent-State. 2.

The applicant has approached this Court as she apprehends arrest in connection with FIR No.0078 dated 10.03.2024 registered at Pandharpur Police Station, District - Solapur under Sections 5C and 9A of the Maharashtra Animal Preservation Act, 1976. 3.

The learned counsel appearing for the applicant submits that the maximum punishment, even if the applicant is found guilty in the present case, is imprisonment for a period of one year. It is submitted that the applicant is ready to co-operate with the investigation and she would remain present before the investigating officer as directed by this Court.

4.

The learned APP has opposed the prayer in the present application on the ground that as per the FIR, the applicant was caught red-handed MINAL SANDIP PARAB MINAL SANDIP PARAB Date: 2024.06.26 14:45:59 +0530 with animal flesh and hoofs, indicating a strong prima facie case of 1/2

903_ABA1659_24.doc violation of the provisions of the said Act.

5.

Considering the nature of offence and the fact that the maximum punishment in the present case would extend upto one year imprisonment, so long as the applicant is ready to co-operate with the investigation, this Court is inclined to favourably consider the present application.

6.

In view of the above, the application is allowed in the following terms:

A.

In the event the applicant is arrested in connection with FIR No.0078 dated 10.03.2024 registered at Pandharpur Police Station, District - Solapur, she shall be released on bail on furnishing PR Bond of Rs.25,000/- (Rupees Twenty Five Thousand only) and one or two sureties in the like amount to the satisfaction of the trial Court;

B.

The applicant shall remain present before the investigating officer on 29.06.2024 between 10:00 a.m. and 12 noon and thereafter, as and when called by the investigating officer. She shall co-operate with the investigation;

C.

The applicant shall not influence the informant, witnesses or any person concerned with the case and she shall not tamper with the evidence.

7.

In case any of the aforesaid conditions are violated, the present order would be liable to be cancelled.

8.

The application stands disposed of.

(MANISH PITALE, J.) Minal Parab 2/2