MEGHNATH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the present CRMP assailing the order dated 26/7/2018 passed in Criminal Revision No.138/2018 by learned Second Additional Sessions Judge, Durg, District Durg whereby the learned Second Additional Sessions Judge while affirming the order dated 25.06.2018 passed by the learned Judicial Magistrate First Class, Patan, District Durg, has rejected the revision filed by the petitioner wherein the application of petitioner for releasing his vehicle on Supurdnama has been rejected.

(2.) The brief facts as projected by the petitioner are that the offending vehicle of the present applicant motorcycle Hero Passion Pro vehicle bearing registration C.G. 04 KR 5108 was seized by the Forest Sub-Division Range Patan under the Durg Forest Sub-Division, forest crime No.5692/2013 alleging that the case was registered for the offence punishable under Sec. 9 and 52 of the Wild Life Protection Act, 1972 against accused persons. The forest Division Durg has filed complaint on the basis of which Criminal Case No.5692/2013 was registered against Makhan Duruv, Laxminarayan, Dhaniram, Prahlad, Indrakumar, Gajanand, Sonuram for commission of offence under Sec. 9 and 52 of Wild Life Protection Act, 1972. It was alleged that on 7/6/2018 in sub area Patan at village Sipkonha on receiving secret information from the house of Pushkar that wild pig was killed, on such information Forest Officer conducted a raid whereby five accused persons have been arrested from whom the Police seized mass of wild pig 1.1/2kg, 1 plastic bori stained with blood of 50Kg, one plastic bucket of 14 litre, 2 pieces wooden and 3 motorcycles and also seized 6 bicycles thereafter final report submitted before concerned Magistrate and trial is pending consideration and two have been absconded from the place of incident and they have been arrested on 8/6/2018 and after that they have been submitted before Judicial Magistrate First Class and thereafter they have filed bail application and the learned Sessions Judge has granted bail to the accused.

(3.) The present petitioner has filed an application under Section 457 of CrPC for releasing of vehicle on Supurdnama of vehicle bearing registration C.G. 07 AR 1628 mainly contending that the vehicle is being kept in open space more than 15 days which deteriorates the vehicle and he will abide by any condition imposed by learned Judicial Magistrate First Class. Neither he will transfer the vehicle nor he will sell the vehicle and he will also abide with condition imposed by trial Court.