ARJUN SINGH AND ORS. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking jurisdiction of this court under Section 439 of the Cr.P.C., the applicants have filed this application for grant of regular bail stating inter alia that they have been arrested in connection with POR No. 8837/18, Forest Ranger, Duldula, Jashpur, Police Station Tapkara, District Jashpur, for the offence punishable under Section 9 of the Wild Life (Protection) Act, 1972 (for short, the Act, 1972) and under Section 26(i) of the Indian Forest Act, 1927 (for short, the Act, 1927).

(2.) Case of the prosecution, in brief, is that the applicants haunted Barking Deer which is a animal specified in Schedule-III of the Act of 1972, and concealed the meat of such animal in the forest which is an offence punishable under Section 26(1)(i) of the Act, 1927.

(3.) Shri Dilman Rati Minj, learned counsel for the applicants would submit that for commission of offence under Section 9 of Act of 1952, punishment is prescribed under Section 51(1) of Act of 1972, and shall, on conviction, be punishable with imprisonment for a term which may be extend to three years or fine with Rs.25,000/- or with both, and proviso to Section 51(1) of Act, 1972 is not applicable because the barking Deer which is allegedly killed by the applicants is neither schedule-I or Schedule-II animal for which imprisonment may extend to seven years and a such offence which the applicants are charged is bailable one and offence under Section 26(1)(i)of Act 1927 is also bailable offence as punishment prescribed in only six months or with fine and therefore, both the courts below have committed an legal error in not granting to them bail in the bailable offence.