Jusaph Munda Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Koida Forest Range O.R. No.115/2023-24 corresponding to 2 (b) CC No.09 of 2023, pending in the file of the learned S.D.J.M., Bonai for commission of offences punishable under Sections 9, 39 (1) (a) (b) (d) (3)/44 of Wildlife Protection act, 1972 read with Section 27 of Orissa Forest Act, 1972 and Section 51 of the Wild Life Protection Act, 1972.

The prayer for bail of the petitioners had been rejected on 22.12.2023 by the learned Addl. Sessions Judge, Bonai in Bail Application No.77 of 2023.

The prosecution allegation in brief is that on 26.11.2023 at about 7.00 a.m., the Forester Toda Section alongwith other department personnel was on patrolling duty near Roxy-1 Reserve Forest of Puranani Beat Jamdihi Section of Koira Forest range, he found some persons carrying a dead barking deer. On seeing the forest personnel, these persons tried to flee from the spot and with much difficulty, the accused persons were apprehended and a dead barking deer alongwith incriminating materials like kitchen knife, iron chopper, knives, ari, aluminium bucket black polythene sheet, aluminum bowl wooded butcher block, Taraju (weighing machine), steel bowl, trap wire (G.I. wire 10 meters) were recovered from their possession. The accused persons alongwith seized articles were shifted to Koira Forest Range office and F.I.R. bearing Registration No.0195880/2716/884 (B) dated 26.11.2023 was registered basing on which OR Case No.15K of 2023-24 was registered and the accused persons were arrested.

Mr.T.P.Mohapatra, learned counsel for the petitioner submits that maximum punishment for the offence which have been alleged against the petitioner under Section 51 of the Wild Life Protect Act is three years and the fine amount up to Rs.1.00 lakh or both. He also submits that the petitioners are in custody since 26.11.2023 and final P.R. has been submitted in the meanwhile. He further submits that the petitioners do not have any criminal antecedents for which their prayer for bail may be allowed.

Mr.D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that the petitioners were in a Reserve Forest and have trapped and killed a barking deer which is included in the list of protected species and as a result of such activities, wild life in our forests is dwindling which poses a threat to the environmental balance for which the prayer for bail of the petitioners should not be granted as they likely to commit similar offence.

Considering the nature of allegations against the petitioners, the submission that the investigation has been completed and the petitioners do not have any criminal antecedents, I am inclined to allow the prayer for bail.

The petitioners - Jusaph Munda, Santiel Munda, Jalsen Munda, Itman Munda and.Patras Munda shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verification that they do not have any criminal antecedents, including the following conditions :

(i) They  will  not  indulge  in  any  criminal activity while  on bail.

(ii) They will not tamper or try to influence prosecution witnesses while on bail.

(iii) They will deposit cash security of Rs.4,000/- (Rupees four thousand only) each before the learned Court below.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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