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43-ABA-1957-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1957 OF 2021

Rafik Shagir Kazi

… Applicant

V/s.

The State of Maharashtra

… Respondent

Mr.Sumant Deshpande for Applicant.

Mrs.Anamika Malhotra, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 13^th September 2021.

P.C. :

1.

Applicant is apprehending arrest in connection with C.R. No.833

of 2021 dated 15^th July 2021 registered with Chakan Police Station, Pimpri-

Chinchwad for the offence punishable under Section 5(A), 5(B), 9 of the

Maharashtra Animal Preservation (Amendment) Act, 1995 and Section 11(1)

(I) of the Prevention of Cruelty to Animals Act, 1960.

2.

Heard Mr.Deshpande, learned counsel for the Applicant and

Mrs.Malhotra, learned A.P.P. for State. Perused record.

3.

By a speaking Order dated 20^th August 2021, the Applicant was

granted interim relief.

4.

The First Information Report is lodged by Mr.Shivshankar

Rajendra Swami, a member of Akhil Bhartiya Krushi Gau Seva Sangh. The

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informant is also in the service of protection of cows. It is the prosecution case

that, on 15^th July 2021 at about 5:00 am, the informant received confidential

information that, the Applicant had brought certain animals for the purpose of

sacrificing for celebrating Eid festival. Necessary intimation was given to the

Police. Police thereafter conducted raid at the cattle shed of the Applicant,

wherein 4 bullocks, 1 jersey cow, 1 Indian cow and 1 jersey bullock were

found tied therein. Upon enquiry, the mother of Applicant informed the police

that the Applicant had brought the said animals for sacrificing them on the

day of Bakari Eid. In this brief premise, the present crime is registered.

5.

Perusal of record of investigation indicates that, except the

statement of mother of Applicant there is no other corroborative material to

attribute Section 5(A) and 5(B) of Maharashtra Animal Preservation

(Amendment) Act, 1995. The record further indicates that, the mother of

Applicant has retracted her statement by filing an affidavit dated 23^rd July

2021 before the Court of Additional Sessions Judge, Rajgurunagar, District

Pune. It thus appears to this Court that, to attract and apply Section 5(A) and

5(B) of Maharashtra Animal Preservation (Amendment) Act, 1995, as of

today, there is no material available with the Investigating Agency to seek

custodial interrogation of the Applicant.

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6.

In view thereof, the Applicant can be protected by pre-arrest bail.

Hence, the following Order:-

(i) In the event of arrest in C.R. No.833 of 2021 dated

15^th July 2021 registered with Chakan Police Station,

Pimpri-Chinchwad for the offence punishable under

Section 5(A), 5(B), 9 of the Maharashtra Animal

Preservation (Amendment) Act, 1995 and Section

11(1)(I) of the Prevention of Cruelty to Animals Act,

1960, the Applicant shall be released on bail on his

furnishing PR bond in the sum of Rs.25,000/- with

one or two separate local sureties.

(ii) Applicant shall attend the Investigating Officer, as

and when called for, after receipt of notice in writing

specifying the date and time of attendance to the

Police Station till submission of Final Report.

(iii) Applicant shall not tamper with the evidence and/or

influence the prosecution witnesses.

7.

Application is allowed in the aforesaid terms.

[A.S. GADKARI, J.]

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OMKAR

SHIVAHAR

KUMBHAKARN

Digitally signed

by OMKAR

SHIVAHAR

KUMBHAKARN

Date:

2021.09.15

14:42:11 +0530