Gaya Mirdha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11546 of 2022 Gaya Mirdha & Others ....

Petitioners Mr. M.K. Mohapatra, Advocate -Versus - State of Odisha ....

Opposite Party Mr. R.Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 19.12.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

The petitioners are in custody since 06.11.2022 in connection with Bamur Forest Range, Angul O.R. No. 91-B of 2022-23 corresponding to 2(b) C.C. Case No. 39 of 2022 pending in the Court of learned S.D.J.M., Athamalik for the alleged commission of the offence under Section-51 of the Wild Life (Protection) Act, 1972.

4.

It is alleged that a male carcass of a leopard was found by the forest staff. On inquiry, it was revealed that the accused persons had illegally hooked electricity line from the high tension line for the purpose of hunting wild boar inside the reserve forest. The leopard having come in contact with the live wires, lost its life and thereafter, the accused persons allegedly shifted the leopard to the spot and removed its skin and other parts for trading purpose. As it appears, the investigation has progressed substantially. Nothing further remains to be done in this regard.

5.

The petitioners have been in custody for more than one month. I do not find any justified reason to detain them in custody any long.

6.

In view of the above, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose.

7.

Accordingly, the BLAPL is disposed of.

8.

Urgent certified copy of this order be granted as per rules. (Sashikanta Mishra) Judge Balaram