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2025 DAILYLAW 51738 (BOM)

MOHAMMAD ZAMEER S/O MOHAMMAD ZAHEER v. STATE OF MAHARASHTRA THROUGH PSO NEW KAMPTEE, P.S. NEW KAMPTEE POLICE STATION, NAGPUR.

ABA/431/2025 · 2025-07-02

Urmila Joshi Phalke

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(1) 914.aba.431.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.431 OF 2025 Mohammad Zameer s/o Mohammad Zaheer Vs. State of Maharashtra, through Police Station Officer, New Kamptee, Police Station, Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Z. Z. Haq, Counsel h/f Mr. Nazim Qureshi, Counsel for the applicant. Mr. Amit Madiwale, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J. DATED : 02/07/2025 1. Apprehending the arrest at the hands of police in connection with Crime No.269/2025 registered with Police Station New Kamptee, Nagpur for the offence punishable under Sections 11(1), 11(1)(g), 11(1)(d) of the Prevention of Cruelty to Animal Act and under Sections 5(a), 5(b) and 9 of the Maharashtra Animal Preservation Act, the applicant approached this Court for grant of pre-arrest bail. 2. As far as the recitals of the FIR, on 25.05.2025, the Investigating Officer has received a secret information that four wheeler vehicle of TATA company bearing registration No.MH-36-AA-3962 was transporting cattles illegally for slaughter. Immediately, the vehicle was intercepted and the 2025:BHC-NAG:6223 (2) 914.aba.431.2025 applicant was found along with the cattles. As per the allegation, applicant is the owner of the said vehicle and he is also a cattles trader. On the basis of the said report, police have registered the crime against the present applicant. 3. Heard learned Counsel for the applicant, who submitted that the cattles which were carried in the said vehicle was not belongs to the present applicant, though he is working as a trader of the said cattles. As far as the custodial interrogation is concerned, which is not required as the entire cattles were seized by the investigating agency. At the relevant time, the applicant was not present at the spot of incident, either in the vehicle or proceeding with the vehicle. In view of that, he prays for release of the applicant on anticipatory bail. 4. Learned APP strongly opposed for the same and submitted that during the investigation, the vehicle was found in the name of the present applicant, his involvement is revealed, in view of that his custodial interrogation is required. 5. On hearing both sides and on perusal of the investigation papers, except the statement of the present applicant, there is no other material to show that the calltes belongs to the present applicant. The investigating Officer has not collected any vehicle documents to show that the vehicle belongs to him. (3) 914.aba.431.2025 It further reveals that the vehicle is already seized as well was the cattles are already seized by the investigating agency. In view of that, the prayer of the present applicant for grant of anticipatory bail deserves to be allowed. Accordingly, I proceed to pass following order: ORDER (i) The application is allowed. (ii) In the event of arrest, in connection with Crime No.269/2025 registered with Police Station New Kamptee, Nagpur for the offence punishable under Section 11(1), 11(1)(g), 11(1) (d) of the Prevention of Cruelty to Animal Act and under Sections 5(a), 5(b) and 9 of the Maharashtra Animal Preservation Act, the applicant Mohammad Zameer s/o Mohammad Zaheer shall be released on anticipatory bail, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount. (iii) The applicant shall attend the concerned Police Station once in a week on Monday between 10.00 a.m. to 1.00 p.m. and shall cooperate with the investigating agency. (iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case. (v) The applicant shall not indulge himself in similar type of the offence. On registration of a single offence would lead to the cancellation of bail. (4) 914.aba.431.2025 The application is disposed of. (URMILA JOSHI-PHALKE, J.) Sarkate