Case No. – 9769 of 2019
HIGH COURT OF MADHYA PRADESH
BENCH: Hon’ble Mohd. Fahim Anwar J.
DATE OF JUDGEMENT: 8 March 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 44 of wildlife protection Act, 1972 (Dealings in trophy and animal articles without license prohibited)
Section 51 of the wildlife protection act 1972 (Penalties)
Section 52 of the wildlife protection act 1972 (Attempts and abatements)
Section 437(3) of Cr.P.C. (When bail may be taken in case of non-bailable offence)
Section 439 of Cr.P.C. 1973 (Special power of the high court or court of the session regarding bail)
BACKSTORY
This was the first application documented by the candidates/accused under Section 439 of Cr.P.C for the award of bail regarding Crime No.106/2014, registered at Divisional Forest Department, Vijayraghavgarh, District Katni for the offence culpable under Sections 2, 9, 39, 44, 51 and 52 of Wild Life Protection Act 1972.
The prosecution said that on 10.2.2019 Forest division has gotten information from the witness that some unknown people have kept Wild Animal “Pangolin” in their guardianship, on which the forest Officers came to on the spot and salvage that Wild Animal.
This appeal put together by the learned counsel for the candidates and said that the applicant was honest and they have not committed any offence. They had been erroneously involved in the situation. They were in judicial custody since 10.2.2019. The preliminary will set aside some effort to close. There was no probability of his tempering or messing with the prosecution witnesses. So that it was a prayer that the candidate is discharged on bail.
JUDGEMENT
The court held that it was a fit case for the award of bail to the applicant. Hereby, without remarking on merits, the application was permitted.
It was coordinated that the candidates were discharged on bail on their furnishing personal bond in the total of Rs.30,000/ – (Rupees Thirty thousand only) each alongside one dissolvable guarantee of the like add up as per the general inclination of the trial court to appear before the court on the dates given by the concerned Court. It was additionally directed that the applicant agreed to the arrangements of Section 437 (3) of Cr. P. C.