The State Of Maharashtra Thr. Assistant Conservator Of Forest Campa And Wild Life East Dist Amravat v. Parman Babanu Sawalkar And Others

appa802.17 8

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.802/2017 AND CRIMINAL APPEAL NO............../2018 The State of Mah., thr. Assistant Conservator of Forest, Campa & Wild Life, East Melghat Forest Division, Chikhaldara, Amravati ..vs..

Parman Babanu Sawalkar and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri M.K. Pathan, Addl.P.P. for the Applicant/State. Shri R.H. Ravlani, Counsel for Non-applicant No.5.

CORAM

: V.M. DESHPANDE, J.

DATED : DECEMBER 14, 2018.

1.

Heard learned Additional Public Prosecutor Shri M.K. Pathan for the State/Assistant Conservator of Forest.

2.

This is an application for leave to file an appeal by which the State is challenging judgment and order of acquittal dated 26.4.2017 passed by learned Additional Chief Judicial Magistrate, Amravati in Regular Criminal Case No.760/2014 whereby learned Judge below acquitted all accused of offences punishable under Sections 51(1-C), 51(1), 51(1D) of the Wile Life Protection Act and under Section 26(1) of the Indian Forest Act and under Sections 379 and 141 of the .....2/-

appa802.17 8 Indian Penal Code.

3.

Learned counsel Shri R.H. Ravlani is representing non-applicant No.5. Inspite of service upon other non-applicants, nobody is appearing.

4.

The accused were prosecuted for killing a wild sloth brutally by laying a trap. Evidence shows that the accused are bent upon to destroy the nature. Therefore, a second thought is necessary in respect of judgment and order of acquittal passed by learned Judge below.

5.

Hence, leave to file appeal is granted.

6.

The criminal application is disposed of accordingly.

CRIMINAL APPEAL NO............../2018 1.

Heard.

2.

ADMIT. Action under Section 390 be taken.

JUDGE !! BRW !!

...../-