Nita Narayan Pale v. The State Of Maharashtra And ORS

1 53 aba150.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 150 OF 2026 ARBAZ KHAN SALEEM KHAN QURESHI

VERSUS

STATE OF MAH, THRU. P.S.O., P.S., CHIMUR, DIST. CHANDRAPUR ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Mohd. N. Opai, Advocate for the applicant Mrs.H. N. Prabhu, A.P.P. for the non-applicant/State. CORAM : M. W. CHANDWANI, J.

DATE : FEBRUARY 26, 2026.

1.

Heard Mr. Mohd. Opai, learned counsel appearing on behalf of the applicant.

2.

Issue notice to the non-applicant/State, returnable on 16.03.2026.

3.

Learned APP waives service on behalf of the nonapplicant/State. 4.

The applicant is apprehending arrest in connection with Crime No. 419/2024 registered with Police Station, Chimur, Dist. Chandrapur for the offences punishable under Section 184 of the Motor Vehicles Act, 1988, Section 11(1)(d), 11(1)(e) of the Prevention of Cruelty to Animals Act, 1960, Section 5A, 9A of the Maharashtra Animal Preservation Act, 1976 read with Sections 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

5.

The allegation against the applicant is that he was present in a Bolero vehicle, which was piloting a container wherein, cattle were being transported in a cruel manner

2 53 aba150.26.odt and the container was overloaded.

6.

The contention is that the applicant was not present at the time of the incident. The container and the cattle are already seized and nothing is required to be seized from the applicant. The applicant is falsely implicated in the present crime.

7.

Considering the nature of allegations against the present applicant, a detailed scrutiny of the case diary is required, which is not available with the Court for perusal at this juncture. Considering the submissions, a case is made out for grant of ad-interim protection to the applicant.

i) Pending the application, in the event of arrest of applicant- Arbaz Khan Saleem Khan Qureshi in connection with Crime No. 419/2024 registered with Police Station, Chimur, Dist. Chandrapur for the offences punishable under Sections 184 of the Motor Vehicles Act, 1988, Section 11(1)(d), 11(1)(e) of the Prevention of Cruelty to Animals Act, 1960 Section 5(A), 9(A) of the Maharashtra Animal Preservation Act, 1976 read with Sections 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023, he be released on bail on furnishing a PR bond of Rs.25,000/- with one solvent surety in the like amount.

ii) The applicant shall attend the concerned Police Station on every Tuesday and Friday for two weeks between 10.00 am and 12.00 noon and shall co-operate in the investigation.

3 53 aba150.26.odt (iii) The applicant shall not indulge in tampering with the prosecution evidence and shall not pressurize the prosecution witnesses in any manner.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 26/02/2026 19:33:42