Madhya Pradesh High Court
Pramod Baiga @ Shaikhi vs The State Of Madhya Pradesh on 2 February, 2022
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 2nd OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 60668 of 2021
Between:-
PRAMOD BAIGA @ SHAIKHI S/O LAT
RAMCHARAN BAIGA , AGED ABOUT 32
Y E A R S , VILLAGE TEMARBHEETA, SENT
THOMASVALI GALI PS GORABAZAR DISTT.
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ANURAG SAHU, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
VAN PRIKSHETRA DISTT. (MADHYA
PRADESH)
.....RESPONDENT/STATE
(BY SHRI S.D. MISHRA, PANEL LAWYER)
(Heard through Video Conferencing)
This M.Cr.C.coming on for admission this day, the court passed the
following:
ORDER
Case diary perused.
This is a first application filed under section 439 Cr.P.C. Applicant Pramod Baiga @ Shaikhi was arrested on 21/11/2021 in POR No. 276/2006 registered at Police Station Van Prikshetra, Jabalpur for the offence punishable under Sections 9, 39,50 and 51 of the Wild Life Protection Act.
A s per the prosecution case, on 19/11/2021 at around 8.00 p.m. applicant and co-accused Munna, Chhotu and Veeru hunted one leopard near Saint Thomas School located at Jabalpur.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that there is no direct evidence on record to connect the applicant with the crime. Nothing has been recovered from the possession of Signature Not Verified SAN the applicant. Forest officials only on the basis of memorandum of applicant, Digitally signed by MONIKA CHOURASIA Date: 2022.02.02 16:54:13 IST 2 implicated him in the crime. The applicant has no criminal past. The applicant has been in custody since 21/11/2021. Charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer. Looking to the fact and circumstances of the case, the contention of learned counsel for the applicant and the fact that there is no direct evidence on record to connect the applicant with the crime, nothing has been recovered from the possession of the applicant. Forest officials only on the basis of memorandum of applicant, implicated him in the crime. The applicant has no criminal past, he is in custody since 21/11/2021, charge sheet has been filed and the conclusion of trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the concerned C.J.M./trial Court for his 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 applicant :-
1.The applicant will comply with all the terms and conditions of the bond executed by him;
2.The applicant will cooperate in the investigation/trial, as the case may be;
3.The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2022.02.02 16:54:13 IST 3
6. The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE m/-
Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2022.02.02 16:54:13 IST