In BLACL No.6601 of 2016, the court granted bail to petitioners accused of killing elephants and possessing tusks under IPC, Arms Act, Explosive Substances Act, WPA, and Orissa Forest Act.
Released on bail with Rs. 50,000 bond each and two sureties for like amount, submitting conditions to not involve in alleged acts and report to IO.
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BLAPL No.6601 of 2016 06.12.2016 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are accused in C.T. Case No.334 of 2016 on the file of learned S.D.J.M. , Boudh registered under Sections 379/429/120-B/34, I.P.C. read with Sections 25 and 27 of the Arms Act, Sections 4(b) and 9(b) of the Indian Explosive Substances Act, Sections 9 and 51 of the Wild Life (Protection) Act and 27 of the Orissa Forest Act. It alleged that the petitioners along with others were found in possession of tusks aft er killing elephants inside the forest and they were apprehended by the Forest Officials. It is submitted on behalf of the petitioners that some of the co-accused persons in thi s case have already been granted with bail by this Court in different bail applications and th e petitioners are in custody since 01.06.2016. It is also submitted that the petitioners do no t have an criminal antecedents of similar nature. Considering the submissions and the circumstances, it is directed that let the petition ers be released on bail by furnishing bond Rs.50,000/-(rupees fifty thousand) each with two su reties for the like amount to the satisfaction of the learned S.D.J.M., Boudh with the conditi ons that they shall not involve themselves in any act of the alleged type and shall report bef ore the Investigating Officer once in a month for next three months or submissions of final fo rm whichever is earlier.The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.2
2 issues framed by the court
Whether the petitioners accused under IPC, Arms Act, Explosive Substances Act, WPA and Orissa Forest Act should be released on bail.
What conditions ought to be imposed for bail in a case involving possession of tusks after killing elephants.
5 provisions across 5 enactments
The petitioners
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court