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Madhya Pradesh High Court · body

2020 DIGILAW 949 (MP)

Kalu Lodhi v. State Of M. P.

2020-09-25

MOHD FAHIM ANWAR

body2020
JUDGMENT Mohd Fahim Anwar, J. - Case diary is available with the learned Panel Lawyer. 2. Heard on this first application filed under Section 439 of Cr.P.C for grant of bail to the applicants, as they have been arrested in connection with Forest Crime No.1925/04, registered by Forest Circle, Ramna, Beat Borai, Police Station Garhakota, District Sagar for the offence punishable under Sections 9, 39, 50 and 51 of Wild Life Protection Act. 3. The case of the prosecution is that, on the basis of information received from the informant the Forest Party raided the house of the applicants on 19.07.2020 and on search being made, the meat of wild bore out of which some meat was cooked was recovered from them. The said flesh and food were seized and on that basis, POR No.1925/04 was registered against the applicants the applicants were taken into custody. 4. It is submitted by the learned counsel for the applicants that the applicants are innocent persons. They have not committed any offence and have falsely been implicated in the case. They are in judicial custody since19.07.2020. The trial will take time to conclude. There is no likelihood of their absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicants be released on bail. 5. Learned counsel for the respondent/State opposing the submissions made on behalf of the applicants, prayed for rejection of the bail application. It is also conceded by the learned counsel for the respondent/State that no criminal antecedents of the applicants are there in the case diary. 6. Keeping in view the facts and circumstances of the case particularly the facts as pointed out by the learned counsel for the applicant, duration of custody (since 19.07.2020) and also looking to the exigency of Covid-19 disease, in my opinion, it is a fit case for grant of bail, hence, without commenting on merits, this application is allowed. 7. It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) along with one solvent surety each in the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned Court. It is further directed that applicants shall comply with the provisions of Section 437(3) of Cr.P.C. 8. It is further directed that applicants shall comply with the provisions of Section 437(3) of Cr.P.C. 8. In view of the outbreak of 'Corona Virus disease the applicants shall also comply with the rules and norms of social distancing. 9. Further, in view of the order passed by the Hon'ble Supreme Court suo-moto in W.P. No.1/2020, it would be appropriate to issue the following directions to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicants by the jail Doctor before their release. 2. The applicants shall not be released, if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicants are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them in appropriate quarantine facility. 10. This application stands allowed and disposed of. 11. C. C. as per rules.