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Jot Singh Panwar And Another vs State Of Uttarakhand

Uttarakhand High Court · Decided on 5 July 2023 · Citation: (2023) 07 UK CK 0015

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Wildlife (Protection) Act, 1972 — Section 51, 55
CASE NUMBER
Criminal Revision No. 420 Of 2023, Bail Application No.1 Of 2023
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Judgment

10 paragraphs · 287 words

Alok Kumar Verma, J

1.

Proposed revisionists-accused persons Jot Singh Panwar and Somwari Lal were convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs. 15,000/- each for the offence punishable under Section 51 of the Wildlife (Protection) Act, 1972. Against the said judgment dated 11.09.2018, passed by learned Chief Judicial Magistrate, Haridwar in Criminal Case No. 1474 of 2010, a Criminal Appeal (No.193 of 2018) was filed. The said Appeal has been dismissed vide judgment dated 15.06.2023, passed by learned Vth Additional Sessions Judge, Haridwar.

2.

Heard Mr. V.S. Chauhan, learned counsel for the revisionists and Mrs. Manisha Rana Singh, A.G.A. for the State.

3.

Mr. V.S. Chauhan, Advocate, contended that the Trial Court had no jurisdiction to take cognizance of the police report in terms of Section 55 of the Wildlife (Protection) Act, 1972. He further submitted that as per the prosecution, leopard skin were recovered from the possession of the revisionists-accused persons on 21.12.2009 and the revisionists were arrested at 11.30 a.m. However, there is no public witness in the proceedings of the alleged recovery

4.

Admit.

5.

List on 20.10.2023.

6.

Heard on the Bail Application (IA No. 1 of 2023).

7.

Learned counsel for the revisionists has submitted that the revisionists were on bail during the trial and appeal and they never misused the conditions of the bail.

8.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionists, namely, Jot Singh Panwar and Somwari Lal.

9.

Let the revisionists be released on bail on their executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of Trial Court.