The High Court of Chhattisgarh issued a common order granting bail to three appellants accused of possessing cooked wild pig meat, citing substantial investigation and detention as grounds for release.
Release on bail after executing personal bond of Rs.25,000 with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4005 of 2015
---- Applicant
Versus
---- Non-applicant
MCRC No. 4101 of 2015
---- Applicant
Versus
---- Non-applicant
And
MCRC No. 4098 of 2015
---- Applicant
Versus
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District Bilaspur (C.G.)
---- Non-applicant
For Applicants: Mr. Indrasen Sahu, Advocate in M.Cr.C. Nos. 4005/2015 & 4098/2015. For Applicant: Mr. Ajay Ayachi, Advocate in M.Cr.C. No. 4101/2015.
For Non-applicant/State: Mr. Anant Bajpai, Panel Lawyer
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
17/08 /2015
Heard.
(1) Above mentioned bail applications filed under Section 439 of the Cr.P.C. arise out of a common Crime No. POR Case No.11392/01, registered at Police Station Forest Division Beltara/Ratanpur Range, Civil and Revenue District Bilaspur, for the offences punishable under Sections 2, 39, 44 & 51 of the Wild Life (Protection) Act, 1972 and under section 52 of the Indian Forest Act, 1927, therefore, they are being heard analogously and decided by this Common Order.
(3) Learned counsel for the applicants would submit that applicants have been falsely been implicated in the offence in
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question as no seizure has been made from them. They further would submit that the applicants are languishing in jail since 28/30.06.2015 and the substantial investigation has already been made and, therefore, the applicants may be released on bail.
(4) On the other hand, counsel for the State opposes the bail applications.
(5) Taking into consideration the facts & circumstances of the case; further considering the punishment prescribed for the said offence under the Wild Life Protection Act; further considering their detention period; and the substantial investigation has already been made; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the applications are allowed.
(6) Accused/applicants namely Ramu Verma, Shyamu Verma & Ramvilash Verma are directed to be released on bail on each of them executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
Certified copy, as per rules.
Sd/(Sanjay K. Agrawal) Judge
D/-
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2 issues framed by the court
Whether applicants charged with wildlife offences under Wild Life (Protection) Act and Indian Forest Act are eligible for bail after substantial investigation.
Whether the detention period and facts constitute a fit case for release on bail.
3 provisions across 3 enactments
Ramu Verma
Shyamu Verma
Ramvilash Verma
State Of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
