Pawan Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 867 of 2017 Pawan Kumar, S/o. Shriram Noroti, Aged About 32 Years, Caste Gond, R/o. Village Belgaon, Police Station Bedgaon, Civil & Revenue District Gadhchirouli, Maharashtra ---- Applicant

Versus

State Of Chhattisgarh, Through the Officer-in-Charge of the Forest Circle Range, Ambagarh Chowki, Civil & Revenue District Rajnandgaon, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Punit Ruparel, Advocate.

For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 02.02.2017 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Forest Crime POR No. 10018/2015 registered at Police Station- Forest Circle Range, Ambagarh Chowki, District Rajnandgaon (C.G.) for the offence punishable under Sections 9, 39, 44, 49(B), 51(1)(c), 52 of the Wild Life Protection Act. The first bail application was dismissed on merit on 04.01.2017 in MCRC No.8460 of 2016.

2.

Case of the prosecution, in brief, is that on 23.11.2016, the applicant was caught hold of with Tiger skin while was smuggling the same alongwith other co-accused. Thereby, the offence has been committed.

3.

Learned counsel for the applicant submits that now the investigation is complete and there is a change of circumstances, therefore, the second bail application may be considered.

4.

The first bail application was dismissed on 04.01.2017. Considering the fact that two Tigers were hunted and despite various advertisements and appeal to save the Tigers, people do not refrain to kill them. Considering the earlier order and also the fact that two Tigers were killed in this case, I do not find any change of circumstances to reconsider this second bail application. 5.

Accordingly, the bail application is dismissed at the admission stage itself.

Ashok Sd/- (Goutam Bhaduri) Judge