Allowed

Fayyaz Khan Jilani Khan v. the State of Maharashtra.

Bombay HC14 Oct 2015APPLN/4951/2015

Case brief

AI extract

What is this about?

In a criminal application for bail, the High Court of Bombay at Aurangabad granted release to an applicant charged under Sections 307 IPC, the Maharashtra Animal Preservation (Amendment) Act, 1995, and the Prevention of Cruelty to Animals Act, 1960.

What did the court decide?

The applicant was released on bail after executing a personal bond of Rs. 15,000 with one surety.

Fayyaz Khan Jilani Khan Vs the State of Maharashtra. — Bail and Remand | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 4951 OF 2015

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Fayyaz Khan S/o Jilani Khan, R/o Harsh Nagar, Aurangabad

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R/o Harsh Nagar, Aurangabad ...Applicant versus The State of Maharashtra ...Respondent

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Mr. K. G. Bhosale, Advocate for applicant Mrs. M. A. Deshpande, A.P.P. for respondent

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CORAM : N.W. SAMBRE, J.

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DATE : 14th OCTOBER, 2015

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ORAL ORDER :

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The applicant is booked for the offence punishable under Section 307 of the Indian Penal Code read with provisions under Section 5(1) (a) of Maharashtra Animal Preservation (Amendment) Act, 1995 and under Section 11(c)(h), 34 of the Prevention of Cruelty to Animals Act, 1960 for transporting Cows. The applicant herein alleged to have committed an offence punishable under Section 307 of the Indian Penal Code as by not obeying the instructions of the police officer, he tried to ran away from the spot with vehicle by putting life of police officer in danger.

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It is not in dispute that the other accused who are involved in the same crime are already released on bail.

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So far as the present applicant is concerned, though the application for grant of bail is opposed by the learned A.P.P., it is noted that, after the custodial interrogation of the applicant, it is noticed that the applicant is prima facie involved in the crime punishable under Section 307 of the Indian Penal Code read with provisions under Section 5(1) (a) of Maharashtra Animal Preservation (Amendment) Act, 1995 and under Section 11(c)(h), 34 of the Prevention of Cruelty to Animals Act, 1960. The live stock was auctioned, which was seized from the vehicle driven by the applicant which was transported by the applicant contrary to law.

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So far as the offence punishable under Section 307 of the Indian Penal Code is concerned, there is no medical evidence on record. But for the applicant, who was arrested on 11/08/2015, other accused are already released on bail. In view of above, it will be appropriate, in my opinion to order the release of the present applicant as investigation appears to be complete. Hence I pass the following order.

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The applicant be released on bail, upon executing the P.R. bond of Rs.15,000/- (Rs. Fifteen thousand) with one surety in the like amount, in connection with Crime No. I-97/2015 registered with Harsul Police Station, Dist. Aurangabad, for an offence punishable under Sections 307 of the Indian Penal Code read with provisions under Section 5(1) (a) of Maharashtra Animal Preservation (Amendment) Act, 1995 and under Section 11(c)(h), 34 of the Prevention of Cruelty to Animals Act, 1960.

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The Criminal application stands allowed.

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[ N.W. SAMBRE, J. ]

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Tupe/14.10.15

Fayyaz Khan Jilani Khan v. the State of Maharashtra.

Case brief

What is this about?

What did the court decide?

Fayyaz Khan Jilani Khan v. the State of Maharashtra.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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