Mohammed Sadique Qureshi v. State Of Maharashtra
HEMANT CHANDERSEN SHIV
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION HEMANT CHANDERSEN SHIV Date: 2025.05.23 10:01:57 +0300 CR. ANTICIPATORY BAIL APPLICATION NO.1388 OF 2025 Mohammed Sadique Qureshi ...Applicant
Versus
State of Maharashtra
...Respondent
__________ Mr. R. K. Adsure for the Applicant.
Ms. K. T. Hiwarale APP for the Respondent-State. Mr. Jadhav, PSI, Lonavala Rural police station. __________ CORAM :
SHYAM C. CHANDAK, J.
DATE :
21st MAY 2025 (VACATION COURT) P.C.:
.
Ms. Hiwrale, the learned APP waives notice for the Respondent-State and seeks time to file brief reply. 2) Mr. Adsure, the learned Advocate for the Applicant submitted that interim bail may be granted till the disposal of the Application.
3) Heard.
4) The Applicant apprehending his arrest in C.R.No.85 of 2025, dated 30/03/2025 registered with Lonavala Rural police station for the offences punishable under Sections 61(2), 318(4), 325, 336(2), 336(3), 338, 339, 340(2) of Bharatiya Nyaya Sanhita, 2023 and Section 5C, 9A of Maharashtra Animal Preservation Act, 1976. 5) The Anticipatory Bail Application No.145 of 2025 was filed
by the Applicant before the Sessions Court at Vadgaon Maval, Pune. By the order dated 08/04/2025, the Applicant was granted interim anticipatory bail. The learned A.P.P. submitted that the Applicant failed to attend before the Investigating Officer. Therefore, the anticipatory bail application was finally rejected by the Court of the learned Additional Sessions Judge vide the order dated 08/05/2025.
6) Learned Advocate for the Applicant submits that whatever meat was carried in the truck was of buffalo and not of cow; that, the documents obtained by the Applicant before transportation of the meat supports the said contention; that, the truck carrying the meat was opened by police on mere suspicion raised by a private individual on allegation that the meat carried was of cow but said individual was not an expert as required in law; that, the manner in which the samples of the meat were drawn, is not in conformity with law; that, by the short notice dated 13/04/2025, received by the Applicant on Whatsapp at 19.29 PM, he was called to attend at the Police Station on 15th April 2025; that the Applicant could not attend before the Investigating Officer due to Dr.
Ambedkar Jayanti (holiday) on 14/04/2025; that, the Applicant is ready to co-operate in the investigation; that, the meat in question has been destroyed, which was worth more than Rs.1 Crore. Ms. Hiwrale, the learned APP Opposed the interim bail on the ground that, as per the Report of the C.A., the meat was of cow. But this aspect needs a clarification in the reply.
7) In view thereof, the Applicant shall not be arrested in the
abovesaid crime, till the next date, subject to the Applicant attend before the Investigating Officer.
8) The learned APP, on instructions from the Investigating Officer, states that three days attendance would be sufficient for interrogation. Therefore, the Applicant shall attend before the Investigation Officer at the Lonavala Rural Police Station on 23/05/2025, 27/05/2025 and on 30/05/2025, between 12.00 noon to 4.00 PM, for investigation purpose, and as may be directed by the Investigating Officer with 48 hours advance notice. 8.2) The Applicant shall not tamper with the prosecution evidence.
9) Stand over to 4th June 2025.
(SHYAM C. CHANDAK, J.)