Madhya Pradesh High Court
Satish Pathariya vs The State Of Madhya Pradesh on 16 October, 2019
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-38190-2019
The High Court Of Madhya Pradesh
MCRC-38190-2019
(SATISH PATHARIYA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 16-10-2019
Shri B.R. Pandey, learned counsel for the applicants.
Shri Satyendra Jyotishi, learned G. A. for the respondent/State.
Heard with the aid of case diary.
This is first application filed under Section 439 of the Cr.P.C. for grant o f bail. Applicants Satish Pathariya, Radheshyam Selukar, Lakhan Chouhan, Jagatram Dhurvey and Hari Prakash Uikey were arrested on 31/08/2019 in connection with Crime No.15986/2019 registered at Forest Circle Sukhtava, Forest Division Hoshangabad (General), Distt. Hoshagabad for the offence punishable under Sections 2(16), 9, 39, 48, 50, 51, 52, 57 of the Wild Life Protection Act, 1972.
A s per prosecution case on 30/08/2019 on the information of informant that applicants hunted the wild boar in the forest of Sukhtaba, Circle No. P.F.38, Neeraj Shrivas (Beat Guard) alongwith forest officials went to the spot and seized 30 Kg. meat of wild boar from the possession of applicants.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the offence. The applicants have no criminal past. They are in custody since 31/08/2019 and the conclusion of trial will take time, hence prayed for release of the applicants on bail.
On the other hand learned counsel for the respondent/State opposed the prayer.
Looking to the facts and circumstances of the case and the fact that the applicants have no criminal past, they are in custody since 31/08/2019 and conclusion of trial is likely to take long time, without commenting on the merits of the case the application is allowed and the applicants are directed to be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicants :
Digitally signed by ANURAG SONI Date: 17/10/2019 10:17:502 MCRC-38190-2019
1. The applicants will comply with all the terms and conditions of the bond executed by them ;
2. The applicants will cooperate in the trial; 3 . The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without prior permission of the trial Court.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE as Digitally signed by ANURAG SONI Date: 17/10/2019 10:17:50