Salim Ibrahim Shaikh v. State Of Maharashtra

2025:BHC-AS:10134 Diksha Rane ABA 576-25-SPEAKING.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 576/2025 SALIM IBRAHIM SHAIKH ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Rohan Hogle a/w. Mr. Aadesh Konde Deshmukh & Mr. Sainath S. Garade i/b. Mr. Sharan Bhagat for the Applicant. Ms. Pallavi N. Dabholkar, APP for State.

PSI Wagh and PSI Jadhav, Central Police Station. ------------ CORAM : RAJESH S. PATIL, J.

DATE : MARCH 3, 2025.

P.C. :

1.

This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with the First Information Report (FIR) No. 0006/2025 registered with the Central Police Station, Thane City, for the offence punishable under Sections 325, 3(5) of the Bhartiya Nyaya Sanhita, 2023 read with under Sections 5, 5(b), 5(c), 9, 9(a) of the Maharashtra Animal Preservation Act, 1976.

2.

It is the case of the prosecution that the FIR has been lodged based on the report given by one Mr. Milind Prabhakar Tayade, who This order is corrected as per speaking to minutes of the order dated 4/3/2025. 1

Diksha Rane ABA 576-25-SPEAKING.doc is working in Central Police Station. There are three accused. Two of the accused have been arrested who were employed by the present applicant who is the owner of the shop. It has been alleged in the FIR that there was apprehension of slaughtering of cow. The present applicant was selling flesh of cow, hence, an FIR has been lodged. 3.

The learned counsel for the applicant submits that still the report of whether the applicant was selling flesh of cow or any other animal has not been finalized. In fact, in the present application a receipt has been enclosed of flesh of buffalo was being procured. The learned counsel for the applicant submits that the co-accused have already been released on bail and he is ready to abide by the conditions imposed by this Court and there is no question of any kind of recovery.

4.

The learned APP while opposing this application submitted that there is already criminal antecedent report against the applicant in similar kind of offence. Granting him pre-arrest bail means he is free again to conduct such kind of activities which are prohibited in law. She therefore submitted that the present application needs to be rejected.

5.

Heard the learned counsel for the applicant and the learned This order is corrected as per speaking to minutes of the order dated 4/3/2025. 2

Diksha Rane ABA 576-25-SPEAKING.doc APP for the State. I have also considered the documents on record. 6.

The report of the Dr. Anita Kodibhau Date, the Veterinary Officer, Badlapur, District Than, will take some time. There is no such recovery to be made by the present applicant. There is criminal antecedent reported against the applicant in which he is granted bail. Therefore, I am of the view that suffice would be the purpose if the applicant is granted pre-arrest bail with stringent conditions including that of the applicant will not venture any such kind of the business in future. Hence, the following order.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with (FIR) No. 0006/2025 registered with the Central Police Station, Thane City, the applicant shall be released on bail, on furnishing P.R. bond to the extent of Rs.30,000/- with one or two sureties of the like amount. (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence. (d) The applicant shall furnish details of his residential addresses, This order is corrected as per speaking to minutes of the order dated 4/3/2025. 3

Diksha Rane ABA 576-25-SPEAKING.doc contact numbers and email addresses to the Investigating Officer. (e) The applicant shall attend the IO on every week on Tuesday's, Thursday's and Saturday's, between 11.00 a.m. to 1.00 p.m. till the filing of the charge-sheet.

(f) The applicant shall not venture into any business regarding sale of flesh of cow.

7.

The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.) This order is corrected as per speaking to minutes of the order dated 4/3/2025. 4 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 04/03/2025 18:03:12