Madhya Pradesh High Court
Bhagwan Deen Saket vs The State Of Madhya Pradesh on 23 August, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 23rd OF AUGUST, 2022
MISC. CRIMINAL CASE No. 38137 of 2022
Between:-
BHAGWAN DEEN SAKET S/O SHRI BHAI LAL
SAKET, AGED ABOUT 35 YEARS, VILLAGE
KUCHMAILA PAGAR KHURD POLICE STATION
SABHAPUR DISTRICT SATNA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI VISHNU KUMAR PATEL, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
FOREST CIRCLE OFFICER MAJHGAWAN SATNA
FOREST DISTRICT SATNA (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. NALINI GURANG, PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant -Bhagwandeen for grant of bail, pending trial.
The applicant has been arrested in connection with POR No. 989/2013, registered at Police Station-Forest Circle Officer Majhgawan Satna, District- Satna (M.P.) for commission of offence punishable under Sections 2(16), 9, 39, 44, 50, 51 of Wild Life Protection Act of IPC. He is in jail since 31.05.2022.
A s per prosecution story, in the intervening night of 29.05.2022 to 30.05.2022 near water source in Forest Circle Majhgawan Beet Birsinghpur, 2 someone installed G.I. wire connected with 11 kv electric line. 25 wooden peg, 4 kg G.I. wire, 4 kg. clutch wire and one axe. Someone had killed one panther (leopard) and one female jackal by install the electric wire. In their statements, Bhagwandeen, Bhurwa Kol and Pinkal Kol have confessed of hunting the wild animal. Dead male leopard and female jackal were seized from Pinkal Kol. Bhurwa Kol and Bhagwandeen have been implicated as accused. After investigation, charge sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He has been falsely implicated. He has no criminal past. Trial of the case will take considerable time. Therefore, it has been prayed that applicant be released on bail.
O n the other hand, learned P.L. for the State has opposed the grant of bail to the applicant but has fairly admitted that nothing has been seized from the possession of present applicant and he has no criminal past.
Offences are triable by JMFC. After investigation, charge sheet has already been filed. Applicant has no criminal past. Therefore, having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre trial detention of the applicants/accused is not warranted. Consequently, this first bail application under Section 439 Cr.P.C. is hereby allowed. .
It is directed that applicant Bhagwandeen Saket be released on bail on h is furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the 3 dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2022.08.24 16:16:32 +05'30'