Ethape 1 ABA.536.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.536 OF 2021

Raju @ Iqbal Kallu Qureshi

.. Applicant

Vs.

The State Of Maharashtra

.. Respondent

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Mr.Nadeem M.S. Shaikh, Advocate for Applicant.

Mr. S. S. Pednekar, A.P.P. for the State-Respondent.

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CORAM : PRAKASH D. NAIK, J.

ORDER RESERVED ON : 2^nd JULY, 2021

ORDER PRONOUNCED ON : 5^th AUGUST, 2021

PC.

1.

The applicant is apprehending arrest in connection with

C. R. No. I-1024 of 2020 registered with Mumbra Police

Station. The First Information Report (for short <FIR=) was

lodged on 30.12.2020 for the offence punishable under

Sections 429 read with Section 34 of the Indian Penal Code (for

short <IPC=), Sections 5, 5(A)(1), 5(C), 7, 9 and 11 of the

Maharashtra Animal Preservation Act, 1976 read with Section

378 (1) B, 331, 335, 336 of Municipal Corporation Act, 1949.

2.

The prosecution case is that information was received by

the Police that unauthorized slaughtering of animals is being

conducted at Kausa, Mumbra. The police proceeded to the

DNYANESHWAR

ASHOK ETHAPE

Digitally signed

by

DNYANESHWAR

ASHOK ETHAPE

Date: 2021.08.05

13:22:06 +0530

Ethape 2 ABA.536.2021

spot. They were also accompanied by Veterinary Officer and

panch witnesses. They reached at Khatija Manjil Kausa,

Mumbra. On noticing police, two unknown persons fled away.

11 buffaloes having value of Rs.2,50,000/- were found at the

spot. Two buffaloes were slaughtered. About 400 Kg. meat

was found at the spot. The Veterinary Officer disclosed that it

was buffalo meat. Panchnama was recorded. Meat was seized.

Animals were taken in custody. FIR was registered. During

investigation,

it

was

disclosed

that

the

business

of

slaughtering was being conducted by the applicant.

3.

The applicant preferred application for anticipatory bail

before the Sessions Court. The said application was rejected

by order dated 04.02.2021.

4.

Mr. Shaikh, learned counsel for the applicant submitted

that Section 429 of IPC is bailable offence. The offences under

Municipal Corporation Act are bailable. Section 5, 5(A), 5(C)

read with 7, 9, and 11 of Maharashtra Animal Preservation

Act, 1976 are not attracted in this case. It is contended that

requisite amendment was carried out to Section 5 of the

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aforesaid Act and even pursuant to amendment buffalo has

not been including within the purview of section 5 and what is

included as per amendment is bull or bullock. What is found

on the scene of offence were 11 buffaloes and meat of

buffaloes.

5.

Learned APP submitted that Section 5 of Maharashtra

Animal Preservation Act, 1976 was made applicable to cow,

which was subsequently amended and words <bull= and

<bullock= were inserted in Section 5 and Section 5A of the Act,

which do not include word <buffalo=.

6.

Maharashtra Animal Preservation Act, 1976 was enacted

provide for the prohibition of slaughter and preservation of

cows, bulls and bullocks useful for milch, breeding, draught or

agricultural purposes and for restriction on slaughter for the

preservation of certain other animals suitable for the said

purposes.

7.

Section 5 of the aforesaid Act stipulates that no person

shall slaughter or cause to be slaughtered or offer for slaughter

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any cow (bull or bullock), in any place in the State of

Maharashtra. Section 5A stats that no person shall