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1994 DIGILAW 226 (DEL)

MOTI LAL v. STATE OF DELHI

1994-04-05

JASPAL SINGH

body1994
Jaspal Singh ( 1 ) ON an application for grant of anticipatory bail, thelearned Additional Sessions Judge passed the following order: "heard: Considering the facts and circumstances of the case no ground for anticipatory bail. Hence dismissed. "the order has left the petitioner dissatisfied and. this Court unhappy. ( 2 ) SECTION 438 of the Code of Criminal Procedure is a salutary provisionenshring the intention of the legislature that liberty of the subject is not put injeopardy on frivolous grounds. The provision is thus no plaything inviting casualhandling or perfunctory treatment. It is a solemn provision which mandates duejudicial care and circumspection without being taken in by equivocatory quibblings. In dealing with it no lexical desterity is needed. Even the truth, veracity andeffect of the evidence is not to be meticulously judged. What, however, is expectedis a speaking order furnishing salient features of the case, and the factors whichweighed with the Court while finally making up its mind. This would be aguarantee against arbitrariness. Unfortunately the order in question is wanting inthat respect and this leaves us groping in the dark. ( 3 ) THE case registered against the petitioner is under Section 50 of the Wild Lifeact. The prosecution alleges that three skins of leopard cubs, two skins of wild deerand one more skin which appeared to be of a wild animal were recovered from aroom in possession of the petitioner. ( 4 ) ADMITTEDLY, the investigation is still not complete and during argumentsit was strenuously contended on behalf of the State that the petitioner had madehimself scarce and despite repeated efforts to contact him he failed to respond. Itwas further argued that grant of anticipatory bail at this stage would greatlyprejudice investigation. ( 5 ) SHOULD the petitioner be enlarged on anticipatory bail? I do feel that thealleged recovery and the fact that investigation is not yet over cannot be lost sightof. The quantity of skins recovered points towards a sinister game. The charge, tomy mind, is too serious and I do believe that grant of anticipatory bail at this stagewould not be in the interest of public and the State. Consequently the petition is dismissed.