Case No. – 22246 of 2019
HIGH COURT OF MADHYA PRADESH
BENCH: Hon’ble Mohd. Fahim Anwar J.
DATE OF JUDGEMENT: 19 June 2019
RELEVANT ACTS/SECTIONS:
Section 2 of the wildlife protection act 1972 (Destroying or taking any body part of any animal)
Section 9 of the wildlife protection act 1972 (Prohibition for hunting)
Section 39 of the wildlife protection act 1972 (Wild animals, etc., to be Government property)
Section 50 of the wildlife protection act 1972 (Arrest of the accused is an integral part of the investigation of wildlife crimes)
Section 51 of the wildlife protection act 1972 (Penalties)
Section 52 of the wildlife protection act 1972 (Attempts and abatements)
Section 438(2) of Cr.P.C. 1973 (Anticipatory bail)
BACKSTORY
This was the primary expectant bail application in the interest of a candidate under area 438 of Cr.P.C. The applicant was arrested with POR No.602/09 registered at Police Station Forest area, District Panna for offences culpable under areas 2, 9, 39, 50, 51, and 52 of Wild Life Protection Act, 1972.
Charge of the arraignment was that on 21.03.2019 at about 1.20 A. M. co-accused people Waheed Khan and Ramjan Khan were found in a forest territory under the judication of Beet Tikariya Range Mohandara, South Panna with an expectation to kill some wild creatures having loaded firearms and different arms. They were captured and POR No.602/09 was held up against them. On cross-examination, they had additionally given information that candidates Hakim Khan and Bakhat Lal were likewise going with them with a similar aim and had fled from the spot by observing the forest personnel. On that premise, they had likewise been arrayed in the list of charged people. Candidates had not been found on that spot. They were made accused of the reason for information given by other co-accused people.
The accommodation of learned counsel for candidates was that the candidates were innocent people and had been dishonestly involved in the situation. They were the lasting inhabitants of the location that appeared in the application. They were prepared to outfit satisfactory guarantees and will comply with all the conditions that might be forced by the Court. It was prayed that the candidates might be discharged on expectant bail.
JUDGEMENT
The judge granted the anticipatory bail to the applicants because there was no allegation mention against the applicant or co-accused persons regarding the hunting of any wild animals.
Therefore, the application was permitted. It was coordinated that the candidates Hakeem Khan and Bakhatlal will be discharged on their furnishing personal bond in the whole of Rs.30,000/ – (Rupees thirty thousand just) each with one dissolvable guarantee each in the like amount to the satisfaction of the arresting officer.
The candidates will keep the conditions as counted under section 438(2) of the Cr.P.C. The candidates will stay present before the Investigating Officer as and when they were coordinated so and participate in the examination and they likewise appear before the trial Court. In case of a penetrating of the state of bail, the preliminary Court will be skilled to make a coercive move against the applicant.