Allowed

Meda Apanna v. State of Odisha

Orissa HC3 Apr 2019BLAPL/1732/2019

Case brief

AI extract

What is this about?

The High Court exercised power under Section 439 Cr.P.C. to grant bail to petitioners accused of an offence under the Wild Life Protection Act. The court observed that investigation is pending without a final report, punishment extends to seven years, and no criminal antecedents exist, directing release upon furnishing bond and local sureties.

What did the court decide?

Petitioners released on bail of Rs. 50,000 each with two local solvent sureties each for like amount, subject to conditions of the lower court.

Meda Apanna Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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BLAPL No. 1732 of 2019

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03. 03.04.2019 Heard learned counsel for the petitioners and the learned counsel for the State.

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This is an application under Section 439 Cr.P.C. in connection with 2(b) CC Case No.07 of 2019 arising out of OR No.87 (G) of 2018/19 pending in the Court of learned N.G.N.- J.M.F.C., Rajnagar for alleged commission of offence punishable under section 51 of the Wild Life Protection Act.

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The petitioners moved an application for bail before the Court of Asst. Sessions Judge, Pattamundai which was rejected on 06.02.2019.

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Learned counsel for the petitioners submitted that the petitioners are in custody since 22.01.2019 and in the meantime investigation has made substantial progress, but no final prosecution report has yet been submitted. He further submitted that the punishment prescribed for the alleged offence is not less than three years, but extendable for a maximum period of seven years. He further submitted that since there is no criminal antecedent against any of the petitioners, the bail application may be favourably considered.

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Learned counsel for the State has produced the letter dated 28.03.2019 of the Assistant Conservator of Forests in-charge of Gahirmatha Wildlife Range, Rajnagar, which indicates that there is no criminal antecedent against any of the petitioners and final prosecution report is to be submitted very soon.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the punishment prescribed for the offence, absence of criminal antecedent against the petitioners and keeping in view the proviso (a)(ii) of subsection (2) of section 167 of the Code of Criminal Procedure, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees twenty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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Issue urgent certified copy on proper application.

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………………….. S. K. Sahoo, J.

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PKSahoo

Meda Apanna v. State of Odisha

Case brief

What is this about?

What did the court decide?

Meda Apanna v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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