SHAHID @ SAHIL SALIMBHAI QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) This application is filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.11191048201303 of 2020 registered with Sarkhej Police Station, District Ahmedabad Rural for the offences punishable under Sections 5, 6, 6(1), 7 and 8 of the Gujarat Preservation (amendment) Act and under Sections 11(1)(e), 11(1)(l) and 11(1)(d) of the Animal Cruelty Act, 1960 and under Sections 335 and 392 of the Gujarat Provisional Municipal Corporation Act, 1949 and under Sections 429 and 114 of the Indian Penal Code, 1860.

(3.) Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. He has submitted that so far as the allegation of slaughtering of buffaloes is concerned, the provision of the Animal Preservation Act is not applicable against the applicant. He has further submitted that Section 11 of the Animal Cruelty Act is invoked against the present applicant, wherein the maximum punishment for the first time is fine. He has further submitted that so far as Section 429 of the IPC is concerned, the punishment prescribed is five years.