Sonu Parmar vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicants as they have been arrested on 2.7.2023 in connection with P.R.O. No.9882/2010 registered by Gameranger Officer, Gamerange Devri, District Morena for offence punishable under Sections 27, 29, 50, 51, 52 of Wild Life Protection Act and under Section 41, 52 and 66(A) of Indian Forest Act.

Prosecution story, in brief, is that the area of Chambal river falls within the National Chambal Sanctuary which is natural heritage about to extinct wildlife namely crocodile and turtle wherein excavation and transportation of sand is prohibited. On 2.7.2023, forest officials of Game Range Deori while routine patrolling found that the applicants along with other co-accused persons were assisting the co-accused persons in excavating and transporting sand in a tractor-trolley and thereby committed offence punishable under Sections 27, 29, 50, 51, 52 of Wild Life Protection Act and under Section 41, 52 and 66(A) of Indian Forest Act.

4 . Learned counsel for the applicants submits that as per prosecution case itself the applicants were found roaming on motorcycle. They have been implicated only on the basis of suspicion and they were not involved in the crime of excavating/transporting the sand on the seized tractor trolley. The applicants are in custody since 2.7.2023. The custodial interrogation of the applicants is not required. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicants are entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for its rejection. It is submitted that the offences alleged against the applicants are of serious in nature, therefore, the applicants are not entitled to be enlarged on bail.

Heard the learned counsel for both the parties.

Having considered the rival submission, material pointed out by the learned counsel for the applicants, nature of allegations alleged against the applicants so also other facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicants deserve to be enlarged on bail, hence the application is allowed.

It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount each to the satisfaction of the concerned Court for their appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicants shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.