Disposed

Zubair Abdul Jabbar @ Jabbar Ustad v. the State of Maharashtra

Bombay HC12 Apr 2024ABA/981/2024

Case brief

AI extract

What is this about?

Anticipatory bail ad-interim relief; Zubair Abdul Jabbar @ Jabbar Ustad v. State of Maharashtra; ABA No.981 of 2024; Bombay High Court; Sarang V. Kotwal J.; C.R.No.45/2024 dated 05/02/2024 Vijapur Naka Police Station Solpur/Solapur City; sections 279 307 427 429 IPC; section 11 Prevention of Cruelty to Animals Act; section 119 Maharashtra Police Act; sections 184 177 Motor Vehicles Act 1988; cow t

What did the court decide?

Ad-interim anticipatory bail protection: upon arrest in C.R.No.45/2024, release on PR bond of Rs.30,000/- with one or two sureties in the like amount, operative till 06/05/2024; matter stood over to 0

Zubair Abdul Jabbar @ Jabbar Ustad vs the State of… — Motor Accident Claims | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.981 OF 2024

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Zubair Abdul Jabbar @ Jabbar Ustad .... Applicant versus State of Maharashtra .... Respondent

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Mr. Veerdhaval Kakade, Advocate for Applicant.

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Mr. Nitin B. Patil, APP for the State/Respondent.

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CORAM : SARANG V. KOTWAL, J. DATE : 12^th APRIL, 2024

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P.C. :

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The Applicant is seeking anticipatory bail in connection

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with C.R.No.45/2024, dated 05/02/2024, registered with Vijapur Naka Police Station, Solpur City, under sections 279, 307, 427, 429 of the Indian Penal Code and under section 11 of the Prevention of Cruelty to Animals Act and under section 119 of the Maharashtra Police Act and under sections 184 and 177 of the Motor Vehicles Act, 1988.

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Digitally signed by MANUSHREE MANUSHREE NESARIKAR NESARIKAR Date: 2024.04.16 14:45:08 +0530

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Heard Mr. Veerdhaval Kakade, learned counsel for the Applicant and Mr. Nitin B. Patil, learned APP for the State.

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Nesarikar

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Learned APP is seeking adjournment as the

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Investigating Officer is not present and he does not have instructions. Therefore, I have heard the parties for consideration of ad-interim relief.

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The FIR is lodged by one Sidram Charkupalli. He has stated that he is appointed as Animal Welfare Officer. His job is to prevent illegal transportation of the cows. He was also a member of an organization. The incident took place in the night between 04/02/2024 and 05/02/2024. According to him, he had seen a pickup van bearing MH-13-CU-3008. The informant and his associates had chased that vehicle in the past and therefore he was aware of that vehicle. This time at around 02.45 a.m. again they chased this vehicle in the informant’s own car. The pickup vehicle was overtaken. According to the first informant, when the informant’s car intercepted the said vehicle, the pickup van rammed into the informant’s car causing damage to the informant’s vehicle. It is alleged that the driver and one person got down from that vehicle and assaulted the informant

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and others. There were 6 cows and 3 calves kept in a cramped space. The driver’s name was Faiyaz and the Applicant was the passenger in that vehicle. The informant called the police and then this FIR is lodged.

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Learned counsel for the Applicant submitted that the Applicant himself had lodged C.R.No.44/2024 at Vijapur Naka police station on 05/02/2024 at 05.35 p.m. u/s 326, 336, 427, 504 r/w 34 of the Indian Penal Code and u/s 4 and 25 of the Arms Act. He submitted that as a counterblast to this FIR, the present FIR is lodged against him at 09.00 p.m. He invited my attention to the medical papers annexed to this application, which show that the Applicant had suffered fracture of left arm. There was dislocation of right thumb. There were other injuries and multiple abrasions. He therefore submitted that the informant and his associates were the aggressors and they have caused serious injuries to the Applicant.

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Considering these submissions, at this stage, it appears that there is sufficient force in the submissions of learned

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counsel for the Applicant and hence the Applicant deserves adinterim relief till the next date.

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Hence, the following order :

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O R D E R

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(i) In the event of his arrest in connection with C.R.No.45/2024, dated 05/02/2024, registered with Vijapur Naka Police Station, Solpur City, till the next date, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

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(ii) This order shall operate till 06/05/2024.

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(iii) Stand over to 06/05/2024.

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(SARANG V. KOTWAL, J.)

Zubair Abdul Jabbar @ Jabbar Ustad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Zubair Abdul Jabbar @ Jabbar Ustad v. the State of Maharashtra

Case brief

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What did the court decide?

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