Case No. – 13033/2018
HIGH COURT OF MADHYA PRADESH
BENCH: Hon’ble Shri R.B. Tiwari, Shri Manish Soni J.
DATE OF JUDGEMENT: 04 May 2018
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 (Punishment)
Section 439 of Cr.P.C (Any person accused of an offence and in custody be released on bail)
Section 437 of Cr.P.C (Requires that a person acquitted has to furnish a bail bond and sureties valid for six months)
BACKSTORY
In this case, the crime was registered by Forest circle- Baxwaha in the district Chhatapur. So, it’s been said that a bull was killed by the petitioner’s named Veer Singh, Dhandhu and Govind on 19.02.2018; to consume the beef, when they started to cut the feet of the bulla forest guard arrived the spot and they have been arrested.
The petitioners were in custody since 19.02.2018and for the same the charge sheet has been filed. It has been said they have to release on bail. The petitioners were not having any criminal antecedent, the learned counsel for the petitioner submitted that the offence is triable by the judicial magistrate first class. On the other hand, the bail given was opposed by government advocates.
At last, the learned counsel kept the facts and circumstances in view, and the facts were pointed out by the counsel for the petitioners and they said the petitioners deserve to be released on bail. The petitioner’s Veer Singh, Dhandhu and Govind’s first applications for bail under section 439 of Cr.P.C was filed.
JUDGEMENT
Under section 437 of Cr.P.C, the petitioners were released on bail on giving the sum of Rs.40,000/- with one solvent surety each in the amount of satisfaction of the trial court. On 04.05.2018, the petitioners were given bail for the same.