Pundlik S/O Mahadeo Deshpande v. The State Of Maharashtra, Thr. Range Forest Officer, Kansoor Forest Division, Gadchiroli

aba185.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.185 OF 2016 Pundlik S/o Mahadeo Deshpande ..vs..

The State of Mah., thr Range Forest Officer, Kansoor Forest Division, Bhamaragad, At Allapalli, Tahsil Aheri, Distt. Gadchiroli ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.V. Sirpurkar, Advocate for the applicant. Shri N.B. Jawade, Addl.P.P. for the non-applicant/State.

CORAM

: Z.A. HAQ, J.

DATED : APRIL 26, 2016.

Heard Shri S.V. Sirpurkar, Advocate for the applicant and Shri N.B. Jawade, Additional Public Prosecutor for the non-applicant/State.

The applicant apprehends arrest in crime registered against him for the offence under Sections 55, 9, 39, 49(A) (B), 50, 52 and 51 of the Wildlife Protection Act on the accusations that the skin of Leopard (Scheduled Wild Animal as per Entry No.16-B of Schedule No.1) is seized from the agricultural field jointly owned by the applicant and his brother Sanjay (co-accused).

According to the prosecution, Sanjay (coaccused) and three others are arrested on the spot along with skin. The case of the prosecution is that the .....2/-

aba185.16 skin of Leopard was used to perform Puja, however, as the applicant was told that two members of the family cannot remain present at the Puja, the applicant went away. According to the prosecution, the applicant was aware about all happenings.

Learned Advocate for the applicant has submitted that the applicant is being implicated only because he is co-owner of the field. It is submitted that the applicant is working as teacher in school administered by the Zilla Parishad.

Considering the nature of accusations against the applicant and facts on record, I am of the view that the interim order granted on 28.3.2016 is required to be confirmed.

Hence, the following order:- In the event of arrest in Crime POR No.112 of 2014 registered by the non-applicant, the applicant be released on bail on furnishing P.R. Bond for Rs.20,000/- and one solvent surety in the like amount. The application is allowed accordingly.

JUDGE !! BRW !!

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