B.A.198/2022
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Order
MHCC020009902022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.198 OF 2022
( CNR NO.: MHCC020009902022 )
Mohammed Faizan Sayyed Shaikh
Age: 21 years, Occ: Labour
R/o: Qureshi Nagar,
Kurla (W), Mumbai.
……Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Chunabhatti P.Stn.
Vide C.R. No.15/2022)
…Respondent/State.
Appearance:
Mr. Mateen Shaikh Advocate for the Applicant/Accused.
Mr. Siroya APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 15/02/2022.
ORDER
1.
This is an application for bail by applicant/accused Mohammed
Faizan Sayyed Shaikh under Section 439 of Cr.P.C. in crime
No.15/2022 under section 307, 353, 324, 323,504, 143, 147, 148, 149
of IPC, under Section 5 (C) 9 (A) of Maharashtra Animal Protection Act,
1995, registered at police station Chunabhatti, Mumbai.
B.A.198/2022
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Order
Facts in brief are as under :
2.
Complainant Pratik Nanaware is working as a volunteer at Dhyan
Foundation Organization, Delhi. The object of the said Dhyan
Foundation Organization (NGO) is to prevent the cruelty with animals.
Complainant worked under the guidance of Yatin Jain, Animal Welfare
Officer, Mumbai. On 16.01.2022 at about 5.30 pm Yatin Jain gave
information to the complainant. Accordingly, complainant and his
colleague Ashish went to Chunabhatti police station and informed that
one Eicher Company’s Tempo loaded with cow flesh is coming to
Kasaiwada for sale at Aslam Qureshi alias Mulla. Accordingly,
complainant, his colleague and police went towards the direction of
Nagobachowk. At about 6.00am they saw one white colour pickup
tempo was going in slow speed. The said tempo was not giving side to
them. The tempo reached near Badi Masjid, Kabrastan Road, Qureshi
Nagar, Kurla (E), Mumbai. In the meantime one golden colour Toyato
Innova Car came behind police vehicle. It is alleged that the mob of 18
to 20 persons was gathered and they had rods and sticks with them. In
the said mob accused Qureshi was present. Thereafter, police saw one
Eicher Company’s Maroon colour tempo on the open place. The name of
the driver was Mustaque. Police inquired with him and he told that
tempo contain cow flesh. Mustaque did not produce any documents.
However, complainant and police saw ice and pieces of flesh in the
tempo.
3.
Further story of prosecution is that, at about 6.15 am when
complainant and police were coming by sky walk bridge by walk the
said mob of 18 to 20 persons came towards their direction. They were
abusing to them. They were having iron Rods and Bambu and also
B.A.198/2022
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Order
Stones with them. At the time accused Aslam told that “budks vkt [kYYkkl
dj nsxa ]s lc feyds budks ekj Mkysaxs] budks vkt dkSu cpkrk gS] ogh ns[krk gW*wa *
Accordingly, mob became violent and they assaulted to complainant and
his colleague by iron rods, stick and stones. Accused attempted to
murder the complainant and his colleague. Accused also prevented the
police officer from performing their duty. Thereafter, complainant and
his colleague Ashish were taken to the Sion hospital. Ashish was
admitted as an indoor patient. Accordingly, FIR was registered and
investigation is in progress.
3.
Mr. Mateen Shaikh Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. He
submitted that accused has not abetted the said crime. Ingredients of
section 307 of Indian Penal Code are missing in this case. Therefore,
considering the role of accused, he is entitled for bail. He further
submitted that accused is permanent resident of given address and he is
ready to abide by the conditions, if any imposed by the Court. Hence, he
prayed to release the applicant/accused on bail.
4.
Mr. Siroya, APP for the State has submitted that offence is
serious. Investigation is in progress. Accused has active role in the
crime. If the accused is released on bail then he will pressurize the
witnesses. He prayed to reject the application.
5.
Intervener, Pratik filed objection. According to him, the business
of accused is smuggling of cow flesh. He also raised other contentions.
According to him, the offence is serious, bail can not be granted to the
accused.
B.A.198/2022
6.
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Order
I have perused the FIR. The Investigation Officer Mr. Rajendra
Gaikwad PI of Chunabhatti police station is present. I have gone
through the investigation papers. It is to be noted that the police were
taking action on the complaint of complainant. At the time complainant
and his colleague Ashish were with police. From the police papers,
police asked accused Mustaque to produce the documents but he did
not produce any documents and driver of the vehicle was taken aside.
Admittedly, the vehicle was contained flesh and ice. It is to be noted
that the information was specific that the said flesh was going in
Kasaiwada at accused Aslam. The said Aslam came along with mob on
the spot and he threatened to kill the complainant and his colleague and
thus the mob attacked on them.
7.
The photographs produced by intervener do show that Ashish has
sustained grievous injury to his head and he was indoor patient at Sion
Hospital.
8.
The offence is serious. The Complainant is working as a volunteer
with Dhyan Foundation and as per the information the police were
taking action. However, on the say of accused Aslam the mob became
violent. The mob also having iron rods, sticks and stone and they
assaulted the complainant and his colleague Ashish in the presence of
police officer. Therefore, considering the facts and circumstances of the
case and stage that the investigation is at primary stage, I find that
applicant/accused is not entitled for bail. Therefore, following order
B.A.198/2022
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Order
ORDER
Bail Application No. 198/2022 is rejected and accordingly disposed of.
Digitally
signed by
GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
GURAO
Date:
2022.02.24
11:00:50
+0530
Dictated on
Transcribed on
Date of sign
: 15.02.2022.
: 15.02.2022.
: 18.02.2022.
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A.198/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
24.02.2022.
UPLOAD DATE AND TIME
Mrs. M. M. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
15.02.2022
Order signed by P.O. on
15.02.2022.
order uploaded on
24.02.2022.