Madhya Pradesh High Court
MCRC/4064/2024 of LOBHAN Vs THE STATE OF MADHYA PRADESH on 1 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 1[st] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4064 of 2024
BETWEEN:-
1.LOBHAN S/O PADSU PAV, AGED ABOUT 60 YEARS,OCCUPATION: FARMER RESIDENT OFGADHAKUND BACHARBAR CHOWK KESHWAHIPOLICE STATION BUDHAR DISTRICT SHAHDOL(MADHYA PRADESH)OCCUPATION: FARMER RESIDENT OFGADHAKUND BACHARBAR CHOWK KESHWAHIPOLICE STATION BUDHAR DISTRICT SHAHDOL(MADHYA PRADESH)
2.KEMLU PAV S/O RAMGOPAL PAV, AGED ABOUT55 YEARS, OCCUPATION: FARMER R/OGADATRAIYA GADHAKUND CHOWKI KESHWAHIPOLICE STATION BUDHAR DISTRICT SHAHDOL(MADHYA PRADESH)55 YEARS, OCCUPATION: FARMER R/OGADATRAIYA GADHAKUND CHOWKI KESHWAHIPOLICE STATION BUDHAR DISTRICT SHAHDOL(MADHYA PRADESH)
3.DEENDAYAL S/O HIRALAL SINGH, AGED ABOUT40 YEARS, OCCUPATION: FARMER R/OGADATRAIYA GADHA KUND CHOWKI KESHWANIPOLICE STTION BUDHAR DISTRICT SHAHDOL(MADHYA PRADESH)40 YEARS, OCCUPATION: FARMER R/OGADATRAIYA GADHA KUND CHOWKI KESHWANIPOLICE STTION BUDHAR DISTRICT SHAHDOL(MADHYA PRADESH)4.CHOTU @ LALJI S/O GORELAL, AGED ABOUT 21YE A R S , OCCUPATION: PRIVATE JOB R/OGADHAKUND BACHARBAR CHOWKI KESHWANIPOLICE STATION BUDHAR DISTRICT SHAHDOL(MADHYA PRADESH)YE A R S , OCCUPATION: PRIVATE JOB R/OGADHAKUND BACHARBAR CHOWKI KESHWANIPOLICE STATION BUDHAR DISTRICT SHAHDOL(MADHYA PRADESH)
5.GANGA S/O BUDDHU GOND, AGED ABOUT 40YEARS, OCCUPATION: FARMER R/O BARTARCHOWKI KESHWAHI POLICE STATION BUDHARDISTRICT SHAHDOL (MADHYA PRADESH)YEARS, OCCUPATION: FARMER R/O BARTARCHOWKI KESHWAHI POLICE STATION BUDHARDISTRICT SHAHDOL (MADHYA PRADESH)
(BY SHRI SAURABH SINGH - ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH FORESTRANGE KESHWAHI DISTRICT SHAHDOL (MADHYAPRADESH)
(BY SHRI SURDEEP KHAMPARIYA - PANEL LAWYER )
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This first application has been filed by the applicants under Section 439of the Cr.P.C. for grant of regular bail relating to POR No.18522/2007 dated30.12.2023 registered at Forest Range Keshwahi, District Shahdol (M.P.) forthe offence punishable under Sections 2(16)B, 9, 51, 52 of Wild Life ProtectionAct, 1972. The applicants are in detention since 30.12.2023.
2. As per the prosecution story, on 30.12.2023 applicants laid electricwire connecting them with 11 KV line. It is alleged that with a view to hunt wildanimals instead of wild animals, three persons came into contact of such wiresand sustained burnt injuries. Case was registered. In the course of investigationGI wire and other materials were seized from the applicants.
3. Learned counsel for the applicant has submitted that applicants havenot committed any offence. They are innocent. They have been falselyimplicated. No offence under the provisions of Wile Life Protection Act ismade out. Applicants have no criminal background Therefore, it is prayed thatapplicants may be released on bail.
4. On the other hand, learned counsel for the State has opposed grant ofbail to the applicants.
5. Applicants are first offenders. Having taken into consideration thematerial on record and facts and circumstances of the case, but withoutexpressing any opinion on the merit of the case, I am inclined to release theapplicants on bail as they are women. Consequently, this bail application underSection 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.
6. It is directed that applicants - Lobhan, Kamlu Pav, Deendayal,Chotu @ Lalji and Ganga be released on bail on their furnishing a personalbond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with onesolvent surety each in the like amount to the satisfaction of the trial Court, fortheir regular appearance before the trial Court during trial with a condition thatthey shall remain present before the concerned Court on all the dates fixed by itduring trial. They shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
mrs. mishra
(DINESH KUMAR PALIWAL)JUDGE