Madan Sunder & Another v. State Of Chhattisgarh

MCRCA No. 105 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 105 of 2021

1. Madan Sunder S/o Jogiram Chauhan Aged About 50 Years Occupation - Agriculture, Caste Gada,

2. Sadaram S/o Mahangu Satnami Aged About 65 Years Caste Satnami, Both R/o Village Padakidipa, P.S. And Tahsil Baramkela, District Raigarh (C.G.) ---- Petitioner

Versus

• State Of Chhattisgarh Through The Sub Range OfÏcer (Circle) Jhikipali, Range Sarangarh (Sa), Division Raigarh (Forest Department) District Raigarh (C.G.) Wrongly Mention In Impugned Order In P.S. Name.

---- Respondent For Applicants Mr. MK Jaiswal, Advocate For Respondent /State Mr. Roshan Dubey, Panel Lawyer Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 2/7/2021

1. Heard.

2. This is the second application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection

MCRCA No. 105 of 2021 with Crime No.POR No./Forest Crime No.4532/07 registered at Police Station Sub Range OfÏcer (Circle) Jhikipali, Range Sarangarh (Sa) Division Raigarh (Forest Department) District Raigarh (CG) for the offence punishable under Sections 9,50,51 of the Wild Life (Protection) Act, 1972.

3. The first bail application was dismissed for want of prosecution.

4. The applicants have killed Sambhar within the Jhikipali, Saranagarh forest area.

5. Considering the nature of offence, I am not inclined to extend the benefit of Section 438 of Cr.P.C. to the applicants.

6. Accordingly, the bail application is dismissed. However, in the event, the applicants surrender and apply for regular bail, the jurisdictional Court shall consider and decide their bail application expeditiously.

Sd/- ( Prashant Kumar Mishra) Acting Chief Justice Shyna