IN THE COURT OF HON’BLE SH. ANIL KUMAR SISODIA, SPL.

JUDGE

(PC ACT), CBI-07, ROUSE AVENUE COURT, NEW DELHI.

MISC. DJ ASJ NO. 52/2019

IN THE MATTER OF:

C.B.I VERSUS MUSTAQ AHMED BUTT

SUB: REPLY TO THE APPLICATION FOR RELEASE OF FDR AND SURETY BOND.

MOST RESPECFULLY SHOWETH:

BRIEF FACTS OF THE CASE

1. CBI after investigation filed the complaint against accused Mustaq Ahmed Butt
u/s. 51 of Wild Life (Protection) Act, 1972 on 12.12.2001 before the Hon’ble
Court of ACMM, Tis Hazari Court Complex, Delhi. On the basis of above
mentioned complaint, cognizance was taken and accused were summoned. Ld.
Trial Court framed charges against accused Mustaq Ahmed Butt on 18.09.2014
for contravention of provision of section 49 and 49B(1) of the act punishable u/s.
51 of Wild Life Protection Act.

2. After completion of trial, Ld. Court heard both the parties and convicted the
accused for the offence of 49 and 49 (B)(1) r/w section 51 of Wild Life
(Protection) Act, 1972 vide order dated 31.01.2018. The accused was sentenced
to undergo simple imprisonment for 3 years and he was also sentenced to pay a
fine of Rs.10,000/-.

3. Aggrieved by the said Judgment of conviction and sentence, the

appellant/convict preferred Criminal Appeal before the Court of Distt. & Session
Judge, THC, Delhi which was assigned to the Ld. Court of Special Judge, THC,
Delhi, for disposal of the said criminal appeal in accordance with law.

4. The Ld. Court of Dist. & Session Judge vide his Judgment dated 05.04.2019 set
aside the trial Court’s Judgment of conviction dated 31.01.2018 and acquitted the
accused from all the charges of offence.

5. Aggrieved by the said Judgment of Ld. Court of Sessions, CBI filed Appeal No.
539/2019 in the Hon’ble High Court of Delhi. The appeal is yet to be decided.
Hence it is humbly prayed that the FDR no. 0355050300014153 of Rs.25,000/-
drawn on J & K bank, Branch South Extension, New Delhi along with surety bond
of Mubashir Alam may not be released till the matter is decided in the Hon’ble
High Court of Delhi.

Prayer

In view of the above facts and circumstances, it is respectfully prayed that

this Hon’ble Court may dismiss the application seeking release of FDR and
surety bond of Mubashir Alam in the interest of justice.

(T.D.Tripathi)
S.I/EOU-V/EO-II/ND