Kamlesh vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers. This is the applicant's repeat (fourth) application under Section 439 of Criminal Procedure Code, 1973, as he is arrested in connection with Crime No.237/02/2021 registered at Police Station, Tiger Strike Force (STSF), Indore, District Indore (MP) for offence punishable under Sections 9, 39, 44, 48 (I), 49 (L), 51 and 52 of Wild Life (Protection) Act, 1972 (herein after referred to as the Act of 1972). His earlier third bail application, MCRC No.18656/2022 has already been dismissed on merits by this Court vide order dated 21.04.2022, with a liberty to the applicant to renew the prayer if the trial could not be concluded within a period of nine months from 25.01.2022.

The applicant is in custody since 29.10.2021.

As per the prosecution story, a leopard skin has been recovered from the possession of co-accused persons viz. Indar, Meman including the present applicant (Kamlesh); and at their instance, other material relating to the hunt of the leopard has also been recovered from the accused persons.

Counsel for the applicant has submitted that against order dated 21.04.2022 passed by this Court in Miscellaneous Criminal Case No.18656/2021 (Kamlesh S/o Satyanarayan Damar v. The State of MP), the present applicant had also approached the Supreme Court in Petition (s) for Special Leave to Appeal (Criminal) No.5955/2022, which has also been dismissed on 15.07.2022 by the Supreme Court, without going into the merits of the matter.

It is further submitted that identically placed accused person Madhu Singh S/o Shri Chiman Singh in whose bail application (Miscellaneous Criminal Case No.4274/2022) also similar directions were made by this Court vide order dated 25.01.2022, that he can renew the prayer, if the trial is not concluded within a period of nine months (as in the case of the present applicant); and subsequently, co-accused Madhu Singh has already been granted bail by this Court in Miscellaneous Criminal Case No.48455/2022 vide order dated 23.11.2022. It is further submitted that the trial has still not been concluded. Thus, it is submitted that since the case of the present applicant is at par with the aforesaid case of co-accused Madhu Singh and the applicant is lodged in jail since 29.10.2021, the present application may be allowed and the applicant be released on bail, maintaining parity with co-accused Madhu Singh.

Counsel for the respondent / State, on the other hand, has opposed the prayer.

Having considered the rival submissions and on perusal of the case diary as also considering the fact that the applicant is lodged in jail since 29.10.2021 and the trial has not been concluded up till now as also the fact that co-accused Madhu Singh has already been granted bail by this Court vide order dated 23.11.2022, there is no reason for this Court that the same benefit cannot be granted to the applicant. In view of the same, the application deserves to be allowed.

Accordingly, maintaining parity with co-accused Madhu Singh, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that after his / her release on bail, if the applicant is found in any criminal activities, the learned Judge of the trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order, without further reference to this Court.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

All the other pending interlocutory applications, if any, shall stand disposed of.

Certified copy as per rules.