Naganayaka vs State

Budihal R.B., J.—This petition is filed by the petitioners-accused Nos. 4 and 5 u/s 438 of Cr. P.C. seeking a direction to the respondent police that in the event of their arrest, they be released on bail of the offences punishable under Sections 9, 27, 29, 31, 39(D), 50, 51, 52 read with Sections 2(11)(14)(16)(35)(36) of Wild Life Protection Act, 1972, registered in respondent Police Station FOC No. 1/2013-14.

I have heard the learned Counsel appearing for the petitioners-accused Nos. 4 and 5 and the learned High Court Government Pleader appearing for the respondent-State.

Learned Counsel for the petitioners, during the course of the arguments, submitted that accused Nos. 1 to 3 have been already admitted to bail. Hence, by imposing reasonable conditions, the petitioners may also be released on bail.

As against this, learned High Court Government Pleader appearing for the respondent-State, during the course of the arguments, submitted that the matter is still under investigation and at this stage, the petitioners are not entitled to be released on bail.

I have perused the averments made in the bail petition and the other materials on record. Learned Counsel for the petitioners produced the documents to show that the investigation of the case is completed and the charge sheet is filed in the matter. The offences are not punishable for death or imprisonment for life. Apart from that, the other accused persons No. 1 to 3 have been already granted bail. Perusal of the averments made in the bail petition, it is seen that the same set of allegations are made against the other accused persons. If that is so, to have consistency and uniformity in the matter, it is necessary that on the ground of parity also, the present petitioners are entitled to be released on bail. The only apprehension of the prosecution that if bail is granted, the petitioners may abscond and they may tamper the prosecution witnesses is concerned, reasonable conditions can be imposed which will safeguard the interest of the prosecution.

In the result, the petition is allowed. The respondent police are directed to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 9, 27, 29, 31, 39(D), 50, 51, 52 read with Sections 2(11)(14)(16)(35)(36) of Wild Life Protection Act, 1972, registered in FOC No. 12013-14, subject to the following conditions:

I. Each petitioner shall execute a bond for a sum of Rs. 25,000/- (Rupees Twenty five thousand only) and shall offer one surety for the likesum to the concerned Magistrate Court.

II. The petitioners shall appear before the investigating officer for the purpose of interrogation, whenever called upon to do so.

III. The petitioners shall not intimidate or tamper with prosecution witnesses, directly or indirectly.

IV. The petitioners shall appear before the concerned Magistrate Court within thirty days from the date of this order and shall execute personal bond as well as surety bond.