IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO.1612 OF 2021

MUDASSAR ABDUL @ HAJI KARIM QURESHI

VERSUS

THE STATE OF MAHARASHTRA

…..

Advocate for Applicant : Mr. S. S. Jadhav

APP for Respondent-State : Mr. N. T. Bhagat

…..

WITH

CRIMINAL APPLICATION NO.3241 OF 2021

IN BA/1612/2021

YATINDRA KANTILAL JAIN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

…..

Advocate for Applicant : Mr. A. N. Nagargoje

APP for Respondent No.1-State : Mr. N. T. Bhagat

Advocate for Respondent No.2 : Mr. S. S. Jadhav

…..

WITH

BAIL APPLICATION NO.1615 OF 2021

SHAKIR @ MONYA MOHAMMAD SHAIKH

VERSUS

THE STATE OF MAHARASHTRA

…..

Senior Counsel for Applicant : Mr. V. D. Hon i/b Mr. A. V. Hon

APP for Respondent-State : Mr. N. T. Bhagat

…..

WITH

CRIMINAL APPLICATION NO.3240 OF 2021

IN BA/1615/2021

2 BA1612-2021, 1615-2021, CA 3240-2021, CA 3241-2021

YATINDRA KANTILAL JAIN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

…..

Advocate for Applicant : Mr. A. N. Nagargoje

APP for Respondent No.1-State : Mr. N. T. Bhagat

Senior Counsel for Respondent No.2 : Mr.V.D. Hon i/b Mr. A. V. Hon

…..

CORAM : SMT.VIBHA KANKANWADI, J.

Date of Reserving the Order

:

21-12-2021

Date of Pronouncing the Order

:

11-01-2022

ORDER :

1.

Criminal Applications No.3240 of 2021 and No.3241 of 2021

have been filed for assist to learned APP. Said applications are

allowed and disposed of.

2.

Applicants have been arrested in connection with Crime

No.518 of 2021, registered at Sangamner City Police Station, District

Ahmednagar, for the offence punishable under Section 269, 429

read with 34 of the Indian Penal Code, Section 5A, 5C, 9A, 9 of the

Maharashtra Animal Preservation Act, 1976 Amended in 1995 and

Section 3 and 11 of the Preservation of Cruelty to the Animal Act,

1960. They have filed present applications under Section 439 of the

3 BA1612-2021, 1615-2021, CA 3240-2021, CA 3241-2021

Code of Criminal Procedure.

3.

Heard learned Senior Counsel Mr. V. D. Hon instructed by Mr.

A. V. Hon, learned Advocate Mr. S. S. Jadhav for applicants, leanred

APP Mr. N. T. Bhagat for respondent-State and learned Advocate Mr.

A. N. Nagargoje for assist to learned APP.

4.

It has been vehemently submitted by learned Senior Counsel

Mr. V. D. Hon instructed by Mr. A. V. Hon for the applicant in Bail

Application No.1615 of 2021 that the investigation is over and

charge-sheet has been filed on 03-10-2021 and, therefore, the

custody of the applicant is not required. As regards this applicant is

concerned, admittedly he was not present at the spot when the

informant who is police officer visited the spot. His name appears

on Serial No.10 and as per the allegations in the charge-sheet, he

had helped the accused No.1 to 9 to arrange the vehicle carrying

cow meat in such a way that the water should not come out of the

body of the vehicle. In fact, it does not amount to any kind of

offence. Even if that allegation is taken as it is, it can be said that it

has been made to order as required or contracted with the accused

No.1 to 9. That per se does not presume that the applicant had any

kind of mens rea to commit any such offence under which the

4 BA1612-2021, 1615-2021, CA 3240-2021, CA 3241-2021

offence has been registered. Therefore, the applicant deserves to be

released on bail.

5.

Learned Advocate Mr. S. S. Jadhav appearing for the applicant

in Bail Application No.1612 of 2021 submitted that the applicant has

been shown as accused No.2 in the FIR. It has been contended that

when the informant raided the slaughterhouse with his party at

09.30 p.m. on 02-10-2021, at that time the present applicant and

accused No.1 Wahid Qureshi fled away from the spot and,

thereafter, they found one Abidur Haq Abdul Jabbar/accused No.