High CourtsSingle Bench

Kailash vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 4 November 2020 · Citation: (2020) 11 MP CK 0024

HON’BLE JUDGES
J. P. Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Wildlife Protection Act, 1972 — Section 2(1) 9, 39, 50, 51, 52
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 32293 Of 2020
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Judgment

7 paragraphs · 231 words

J. P. Gupta, J

Heard.

This is the first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 20.07.2020 in connection with Crime No.394/2006, registered at Police Station Forest Range, Division Gudikheda, District Khandwa for the offences under Sections 2(1) 9, 39, 50, 51, 52 of the Wild Life Protection Act.

Allegation against the applicant is that he hunted a panther in the Forest. It is submitted that the applicant is in custody since 20.7.2020. Charge sheet has been filed. Trial will take time for conclusion. Offence is triable by the Magistrate. His further custody is not warranted. Hence, he be released on bail.

Learned Panel Lawyer has opposed the bail application and prayed for rejection of the same.

Having considered the facts and circumstances of the case and further custody of the applicant is not required, this application is allowed and it is ordered that the applicant-accused Kailash be released on bail on his furnishing a personal bond for the sum of Rs.40,000/- with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

Certified copy as per rules.