Madhya Pradesh High Court
Pawan Pardhi vs The State Of Madhya Pradesh on 4 January, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-27424-2017
(PAWAN PARDHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 04-01-2018
Shri A.K. Chakravarti, learned counsel for the applicant.
Shri Amit Sharma, learned Panel Lawyer for respondent-State.
Heard.
This is first bail application filed on behalf of the applicant sh under Section 439 of the Cr.P.C.
The applicant is in custody since 28.11.2017 in connection with e ad Crime No.473/2014 registered at Police Station Bareli, District Raisen (MP), in R.T.No.1270/2014 pending before J.M.F.C. Raisen (M.P.) Pr for the offence punishable under Sections 26(Jh) of Indian Forest Act, a 1927 and Sec. 9/51 & 39/51 of Wildlife Protection Act, 1972.
hy Learned counsel for the applicant submits that applicant was on ad bail, but due to some unavoidable circumstances, he could not appear before the trial Court and due to his absence, warrant of arrest was M issued and in compliance of that order, he has been arrested, produced of before the trial Court on 28.11.2017 and Since then the applicant is in custody. The applicant is a poor person and he went to earn the bread rt and butter for his family. Learned counsel further submits that in ou future, the applicant will appear regularly on each and every date fixed C by the concerned Court in that regard. He is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On h ig these grounds, learned counsel for the applicant prays for grant of bail H to the applicant.
Per-contra, learned Panel Lawyer opposes the bail application. After hearing arguments of the parties and looking to the facts and circumstances of the case, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Pawan Pardhi be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before them on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
It is made clear that if the applicant fails to appear before the concerned Court on two dates continuously, this order shall stand automatically cancelled.
Certified copy as per rules.
(H.P. SINGH) JUDGE sh Digitally signed by e ASHWANI PRAJAPATI ad Date: 2018.01.04 04:28:24 -08'00' Pr A.Praj. a hy ad M of rt ou C h ig H