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2020 DIGILAW 887 (MP)

Mahipal Singh v. State Of Madhya Pradesh

2020-09-11

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. Case diary perused. 3. Applicants have filed this second bail application under section 439 of the Cr.P.C. for grant of bail. First bail application was dismissed as withdrawn vide order dated 10.02.2020 in M.Cr.C. No.372/2020. 4. Applicants are in custody since 28.11.2019 in connection with Crime/POR No.544/04 registered at Police Station/Range Office: Park Pondi, Kusmi, District Sidhi (M.P.) for the offences punishable under Sections 2(16)(A), 2 (35), 9, 29, 30, 31, 32, 50, 51, 52 of the Wild Life (Protection) Act. 5. As per allegations the skeleton of the Tigress was found by the Beat Guard and after investigation, it was found that the present applicants have mixed poison in the meat and given to the Tigress to eat. 6. Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. There is no evidence on record to show that the present applicants were involved in killing the Tigress. He further pointed out to the Post Mortem report where the doctor has opined that no definite opinion can be given regarding the death of the Tigress. He submitted that only on the basis of the suspicion the present applicants have been implicated. 7. Learned Panel Lawyer for the respondent/State fairly submits that only the skeleton was found and a report in this regard was lodged by the Forest Officers. It is submitted that, it is on the basis of the complaint that during investigation a suspicion was raised against the present applicants, therefore, they have been implicated. 8. Considering the aforesaid, this application is allowed. 9. It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety in the like amount to the satisfaction of the trial Court for their presence before the said Court on all the dates of hearing fixed in this regard during the trial. 10. This order will remain operative subject to compliance of the following conditions by the applicants :- 1. The applicants will comply with all the terms and conditions of the bond executed by them. 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. 10. This order will remain operative subject to compliance of the following conditions by the applicants :- 1. The applicants will comply with all the terms and conditions of the bond executed by them. 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 5. The applicants will not seek unnecessary adjournments during the trial; and 6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail as a consequence of this order. 11. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Pradeep Sahu, learned Panel Lawyer, on their respective e-mail address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below. 12. Certified copy/e-copy as per rules/directions.