Madhya Pradesh High Court
MCRC/4657/2024 of KALUA @ KALURAM MARAVI Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4657 of 2024
BETWEEN:-
KALUA @ KALURAM MARAVI S/O CHHOTE LALMARAVI, AGED ABOUT 44 YEARS, OCCUPATION:TEACHER PRATHMIK SHIKSHAK (SHASHKIYAPRATHMIK SHALA BHAANPUR, DISTRICT DINDORI)R/O GRAM CHAUDAS POST OFFICE AMGOUN THANAAND TEHSIL NIWAS DISTRICT MANDLA (MADHYAPRADESH)
(BY SHRI PARITOSH TRIVEDI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH FORESTCIRCLE OFFICE NIWAS (PASCHIM VAN MANDAL)DISTRICT MANDLA (MADHYA PRADESH)
(BY SHRI SUNIL GUPTA - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first application filed by the applicant under Section 438 of theCode of Criminal Procedure for grant of anticipatory bail relating to Crimebearing P.O.R. No.24424/2011 dated 11.01.2024 registered at Forest CircleOffice Niwas (Paschim Van Mandal), District Mandla (M.P.) for commission ofoffence under Sections 2, 9, 39, 44, 50, 51, 52 of Wild Life (Protection) Act,1972. Applicant apprehending his arrest in the aforesaid offence has knocked the portal of this Court for grant of anticipatory bail.
2. As per the prosecution story, on 10.01.2024, on basis of secretinformation received from informer, beat guard Chandra Prakash reached onMohgaon Masurighughri Road, two persons were found sitting on two motor-cycles. They were having bags. In search of their bags, four pieces of leopardpaw were seized. However, Kaluram Maravi managed to flee away from thespot. Motor-cycles and paws were seized and POR was registered.
3. Learned counsel for the applicant has submitted that applicant has notcommitted any offence. He is innocent. He has been falsely implicated. It issubmitted that applicant is a government teacher. No leopard paws were seizedfrom his possession. There is no possibility of his fleeing from the justice as heis a government employee. It is further submitted that beat guard was not alone;at the time of search, they were surrounded by 5 - 7 forest officials. Applicanthad no chance to flee away from the spot. Therefore, it is prayed that theapplicant may be released on anticipatory bail.
4. On the other hand, learned counsel for the State has opposed theprayer for grant of anticipatory bail to the applicant and has submitted that fourleopard paws have been seized from possession of present applicant and co-accused Omnarayan. Dead body of hunted leopard has also been recovered injungle.
5. In this case, nail claw (leopard paws) have been seized from thepossession of present applicant and co-accused. Forest officials had noprevious enmity with the applicant, therefore, possibility of falsely implicating isnot worth acceptable at this stage. It is a case of hunting a wild animal ofSchedule - I[st]. On perusal of material on record including the factum ofrecovery of motor-cycle of the applicant from the spot, his active participation in commission of offence cannot be ruled out. His custodial interrogationappears necessary. Therefore, having taking into consideration the overall facts& circumstances of the case, but without commenting anything on the merit ofthe case, I am of the view that it is not a fit case for grant of anticipatory bail tothe applicant.
6. Consequently, this first application under Section 438 of the Code ofCriminal Procedure for grant of anticipatory bail filed on behalf of applicant -Kalua @ Kaluram Maravi stands dismissed.
@shish
(DINESH KUMAR PALIWAL)JUDGE