Madhya Pradesh High Court
Arjun @ Dablu vs The State Of Madhya Pradesh on 27 February, 2019
The High Court Of Madhya Pradesh
MCRC-7584-2019
(ARJUN @ DABLU Vs THE STATE OF MADHYA PRADESH)
MCRC-6797-2019
(FUNDAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
MCRC-6899-2019
(OMPRAKASH VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, dated: 27.02.2019
Shri Hemant Bhannarwar, learned counsel for the
applicant in M.Cr.C. No.7584/2019.
Shri Anita Kaithwas, learned counsel for the applicants
in M.Cr.C. No.6797/2019.
Shri Vivek Shukla, learned counsel for the applicant in
M.Cr.C. No.6899/2019.
Shri Maqbool Khan, learned Government Advocate for
the respondent/State.
Since all these Misc. Criminal Cases have arisen from the same Crime/POR Number (POR No.21065/07), they have been analogously heard and are being disposed of by this common order.
Heard on these first applications for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicants, in connection with POR No.21065/07 registered by Forest Range Officer, Sohagpur, District Hoshangabad under Sections 39, 44, 49-B, 50, 51, 52, 57, 2 and 9 of Wild Life (Protection) Act.
The case of the prosecution is that, on the information received from an informant, a team of Forest Department intercepted a hut installed in the field of co-accused Hemant Batti @ Bablu situated at Village Kamti under the jurisdiction of Forest Range Bagda Buffer and found the applicant Omprakash along with other co-accused persons worshiping with piece of skin of tiger, whiskers and red clothes. On the information of co-accused Hemant Batti @ Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 27/02/2019 21:13:31 The High Court Of Madhya Pradesh MCRC-7584-2019 (ARJUN @ DABLU Vs THE STATE OF MADHYA PRADESH) MCRC-6797-2019 (FUNDAN AND OTHERS Vs THE STATE OF MADHYA PRADESH) MCRC-6899-2019 (OMPRAKASH VISHWAKARMA Vs THE STATE OF MADHYA PRADESH) 2 Bablu, a hamper (tokni) wrapped with red clothes consisting of three pairs of claws and 12 nails was recovered from his house. He also informed that he purchased the said tiger skin and whiskers from applicant Fundan, five years ago. Applicant Omprakash was arrested on 03.12.2018. On the basis of memorandum of applicant Omprakash and co- accused Hemant Batti @ Bablu, the other applicants have been made accused and the crime under the above mentioned offence has been registered against them.
Learned counsel for the applicants submitted that the applicants have not committed any offence and have falsely been implicated in the crime. It is further submitted by the applicants that nothing have been seized from the possession of the applicants. The offence is triable by the Magistrate of First Class. The investigation has been completed and challan has already been filed. It is also submitted that the applicants are permanent residents of the addresses shown in the applications. They are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed upon them. It is further submitted that applicant Omprakash is in custody since 03.12.2018, applicants Fundan, Sitaram, Manak and Indar are in custody since 09.12.2018 and applicant Arjun @ Dablu is in custody since 01.01.2019. In view of the aforesaid, it has been prayed that the applicants be released on bail.
Learned Government Advocate for the respondent/ State has vehemently opposed the submissions made on behalf of the applicant and prayed for rejection of the bail Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 27/02/2019 21:13:31 The High Court Of Madhya Pradesh MCRC-7584-2019 (ARJUN @ DABLU Vs THE STATE OF MADHYA PRADESH) MCRC-6797-2019 (FUNDAN AND OTHERS Vs THE STATE OF MADHYA PRADESH) MCRC-6899-2019 (OMPRAKASH VISHWAKARMA Vs THE STATE OF MADHYA PRADESH) 3 application.
Keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the applicants, looking to the allegations made against the applicants and the period of detention of the applicants, in the opinion of this Court, the applicants deserve to be released on bail.
Consequently, these first applications for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicants stands allowed.
It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
Certified copy as per rules.
(Mohd. Fahim Anwar) Judge taj.
Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 27/02/2019 21:13:31