ELIYAS Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application filed under Section 439 of the Cr.P.C. the applicant Eliyas has moved the application for grant of bail being implicated in P.O.R. No. 216/7 & Range Case No. 100/12 registered by police station Forest department , Navratan Bag, distt. Indore for offence under Sections 2, 39, 40, 44, 51 of Wild Life Protection act, 1972. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. The applicant is in fact a businessman having a pet shop, selling birds and other pet animals and fish with aquarium etc. Counsel submits that the applicant has been apprehended merely because he was holding the prohibited spices of the maina popularly known as muniya. Counsel prayed for grant of bail because it is now more than three months since the applicant has been arrested on 18.06.12 and being the sole bread earner of the family, the entire family is suffering. He also further elaborated from the information available that the word muniya or the strawberry finch is a popular pet breed and is breeded all over the world as a pet. Similarly, Counsel submitted that the offence was punishable only with sentence of 3 years or with fine or both. And the applicant was willing to abide by any conditions that may be imposed by this Court. Counsel prayed for grant of bail.

(2.) ON considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and fact that the applicant is in jail since 18.06.12, I find that the application needs to be allowed in the interest of justice. The application is, therefore, allowed.

(3.) HOWEVER , stringent measures need to be imposed, therefore it is ordered that the applicant be released on bail on his furnishing a bail bond for a sum of Rs. 25,000/ - (Rupees Twenty five thousand only) with one surety of like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.