GULAMGAUS NASRUDDIN MUKADAM VS. THE STATE OF MAHARASHTRA on 27 October 2026

O R D E R

Delay condoned. Leave Granted.

2. The present appeal arises out of C.R No. 770/2025, registered for offences punishable under Sections 5-B, 5-C, 9 and 9-A of the Maharashtra Animal Preservation Act, 1976, and Section 325 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, in connection with the transportation of meat of bovine animals (bulls) by Accused Nos. 1 to 3.

Digitally signed by CHANDRESH Date: 2026.10.28 16:58:50 IST

Reason:

Signature Not Verified

3. The appellant herein, subsequently arrayed as Accused No. 4 following the interrogation of the other accused is alleged to have sold the meat to the co-accused and is apprehending arrest in connection with the crime.

4. It is noted that the appellant was granted anticipatory bail by the Bombay High Court though its order dated 03.02.2026. However, the said order was subsequently cancelled vide order dated 20.02.2026, following the invocation of Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter, the “MCOCA”) by order of the Joint Commissioner of Police, Navi Mumbai dated 20.02.2026 granting approval for the same.

5. However, in light of the facts and circumstances before us, we are unable to comprehend the invocation of the provisions of the MCOC Act as against the appellant, who has been arrayed as an accused in the present FIR solely on the basis of the disclosure of his name by the co-accused, alleging that he had sold the meat in question without any seizure without any seizure or other material to substantiate the allegation against him.

6. For the aforesaid reasons, the impugned order is accordingly set aside, and the original order dated 03.02.2026 granting anticipatory bail to the appellant is restored. The appellant shall continue on the basis of the bail bonds executed and if arrested pursuant to invocation of the MCOC Act, shall be released on the same terms.

7. The appeal stands disposed of.

8. Pending application, if any, shall stand disposed of. .......…….……………………. J.

(J. B. PARDIWALA) ....……….……………………. J. (K. VINOD CHANDRAN) NEW DELHI; OCTOBER 27, 2026.

ITEM NO.8 COURT NO.5 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No.59067/2026 [Arising out of impugned final judgment and order dated 15-06-2026 in IA No. 944/2026 passed by the High Court of Judicature at Bombay] GULAMGAUS NASRUDDIN MUKADAM Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) IA No. 321662/2026 - CONDONATION OF DELAY IN FILING IA No. 321661/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

Date : 27-10-2026 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE K. VINOD CHANDRAN

For Petitioner(s) :Mr. Sudipto Sircar- 3276, AOR Ms. Mahima Pandey, Adv. Mr. Burhan V. Bukhari, Adv.

For Respondent(s) : UPON hearing the counsel the Court made the following

O R D E R

1. Delay condoned.

2. Leave granted.

3. The appeal is disposed of in terms of the signed order.

4. The relevant part of the order is as under:- “6. ….the impugned order is accordingly set aside, and the original order dated 03.02.2026 granting anticipatory bail to the appellant is restored. The appellant shall continue on the basis of the bail bonds executed and if arrested pursuant to invocation of the MCOC Act, shall be released on the same terms.”

5. Pending application(s), if any, shall stand disposed of. (CHANDRESH) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order is placed on the file)