SHAIKH ZAKIR SHAIKH NASIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) RULE. RULE made returnable forthwith and with the consent of the parties, matter is taken up for final hearing.

(3.) THERE after petitioner herein filed Criminal Miscellaneous Application No. 188/ 2009 before learned Judicial Magistrate F.C. Sindkhed for release of the said animals under section 457 of Code of Criminal Procedure on 27.11.2009 (Exh B, page 15). Accordingly say of the respondentState was called for and said application was contested by the respondent- State. Considering the rival submissions, learned Judicial Magistrate First Class, Sindkheda, allowed said application by order passed thereon on 3.12.2009 (page 18) and there by learned Judicial Magistrate F.C. Sindkheda directed to release the seized 29 bullocks (oxen) on execution of Suprutnama bond of Rs. 1,50,000 (Exh 'C page 22) and also imposing certain conditions as specified therein. It is the contention of the petitioner that accordingly, he complied with the said conditions by executing the bond and also by giving undertaking as per said order dated 3.12.2009, and on completion of the said formalities, even police authorities issued letter dated 4.12.2009 to the Director of respondent No.2 to release the seized animals.