Bhagaban Meher v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3023 of 2022 Bhagaban Meher ....

Petitioner Mr. D. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

27.4.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 15th March, 2022 in connection with Lathore Forest Range O.R. No.285 of 2021-22 corresponding to 2(b) C.C. No.5/2022 pending in the court of learned S.D.J.M., Patnagarh for the alleged commission of the offence under Sections 9/39/49/50 read with Section 5(1)(c) & 51 (1) of the Wildlife (Protection) Act.

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4. Considering the fact that the report of the verification conducted by the Veterinary Asst. Surgeon, which is enclosed as Annexure-3 of the Bail Application, reveals that the meat, which was seized from the possession of the Petitioner, was unable to be ascertained and therefore, it cannot be prima facie, said that it was the meat of a barking deer. Hence, I am inclined to allow the prayer for bail.

5. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge