1 Cri.B.A.No.396/22OrderEx.1.
Bail Application No. 396/2022
Shahid Chand Qureshi .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Sinnar Police Station, Sinnar. (Cr. No.I 518/2020)
.. Prosecution
Order below Exh.1.
1.This application has been filed by the applicant/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in the event of his arrest in the aforesaid Crime registered at Sinnar Police Station, for the offence punishable under section 5, 5C, 8E, 9, 9A of the Animal Protection Act, 1995.
2.According to the case of Prosecution, the report was lodged by one Nilesh Chandrakant Katkade, PC1548 on 19.07.2020 alleging that the accused No.1 and 2 were found carrying animal flesh worth Rs.6,60,600/ in Eicher Truck No. MH03CV4645 illegally without permit. On receipt of the information, the concerned police apprehended the vehicle and two persons were traveling in the said vehicle. Police seized the said vehicle along with animal flesh and arrested those persons. The third accused who happened to be the owner of the goods could not be traced.
After investigation, police chargesheeted the accused No.1 and 2. Accused No.3 as already stated was not traceable and so, police filed chargesheet against him u/s. 299 of Cr.P.C. During pendency of the trial, whereabouts of accused No.3 was traced. So, the applicant is apprehending his arrest at the hands of the police.
Hence, approached this Court for protection.
3.The learned counsel Mr. F.A.Inamdar appearing for the applicant/accused has argued that the applicant is Shahid Chand Qureshi and the accused No.3 as shown in the chargesheet is Babu Chand Qureshi. Both are different persons. It is the case of mistaken identity. He further says that applicant is innocent and has not committed any offence. He has also filed certain documents like Adharcard, Pancard and Electioncard to show that he is Shahid Chand Qureshi and not Babu Chand Qureshi. Hence, he prayed for grant of anticipatory bail to the applicant/accused.
4.The Investigating Officer has filed his reply at Exh.7 and strongly opposed the application stating that the offence is serious in nature and since the registration of the offence, applicant was absconding. His custodial interrogation is necessary to find out the involvement of the accused persons and to extract credible information, his application is required to be rejected. If protection is granted to applicant, it may hamper investigation.
The Ld. APP Mrs. Reshma Jadhav has submitted her arguments vide Exh.8 in line with the say filed by the investigating Officer and prayed for rejection of the application.
5.After going through the chargesheet, it appears that there is a difference in the name of applicant and the accused No.3 Prima facie there appears no evidence with the police to show that he is the same person who was arraigned in the chargesheet as accused No.3 Further, the investigation is already over and chargesheet is filed.
Therefore, custodial interrogation of applicant is not required. The punishment prescribed for the offence is one year. Considering the nature of the offence and punishment prescribed, I am inclined to grant protection to applicant on following conditions.
O r d e r
1.Application is hereby allowed.
2.In the event of arrest, Applicant/ accused – Shahid Chand Qureshi, be released on anticipatory bail on furnishing his P.R.bond of Rs.15,000/ with one surety in the like amount, on the following conditions.:
He shall
(a) not act in manner injurious to the interest of the prosecution.
(b) maintain law and order.
(c) furnish the address of his residence, copy of Pan and Adhar card at the time of execution of bond and shall not change the residence without prior permission of this Court.
(d) applicant is ordered to attend the concerned police station as and when called by the Investigating Officer and cooperate with the investigation.
3.If the applicant/accused commits breach of any of the above conditions, the bail granted to his shall be liable to be cancelled.
Digitally signed by NAIR NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.04.21 16:47:32 -0600 ( Smt. S.S. Nair ) Date : 20.04.2022. Addl. Sessions Judge4, Nashik.