SURAJPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed under section 439(1) of the Criminal Procedure Code, 1972 for grant of bail, with the bail applications filed by the applicant having been rejected firstly by the Chief Judicial Magistrate, Amravati on 17-5-2014 and secondly by the Additional Sessions Judge, Amravati on 24/7/2014.

(2.) This case pertains to hunting of a tiger in Dhakana forest range situated in Gugamal Wild Life division of Melghat Tiger Reserve, district Amravati. Initially, the Forest Department registered a Preliminary Offence Report (hereinafter referred as "P.O.R.", for the sake of convenience) No.10/10 on 15-2- 2014 for the offences punishable under sections 51(1) read with sections 38, 40(1), 40(2), 44, 49-B and 52 of the Wild Life (Protection) Act, 1972 and commenced investigation into the hunting of the tiger. During the course of the investigation, the present applicant along with other accused persons were arrested and after completion of the investigation, the Forest Department filed complaint case against the applicant and three accused, which is registered as Criminal Case No. 477/13. It is presently pending before the Court of Chief Judicial Magistrate, Amravati.

(3.) The allegations against the applicant is that he is mastermind of crimes relating to hunting of tigers and he initiates these crimes by providing financial aid, logistical support and appropriate rewards by purchasing tiger skins and body parts. It is also alleged that the non-applicant is an international trader of skins and body part of the tiger, a Schedule-I animal.