SATISH RAVILAL SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above five bail petitions are being disposed of by this order as these relate to the same FIR No. 162 dated 11-10-1998, Police Station, Mathania under Ss. 147, 148 r/w 149 and 201, IPC, Ss. 9, 39, 51 and 52, Wild Life (Protection) Act, 1972 and 27 Arms Act.

(2.) The brief facts are that Wild Life Conservator, Jodhpur, sent a written report on 11-10-98 that a case FIR No. 93 (26) dated 2-10-1998 is under investigation in the Forest Department about hunting of black bucks during the night of 1st and 2nd October, 1998. During investigation, one Harish Dulani gave the statement on 26-9-1998 that Salman Khan, Satish Shah, Yashpal Singh, Mahendra Bhati, Kuldeep Choudhary and Raju Banna hunted two black bucks illegally on 26-9-98. The weapons used in the commission of the offence and other articles are to be recovered by thorough investigation. Therefore, a case may be registered for investigation. He also forwarded the copy of the statement. A case was registered under Ss. 147, 148 read with 149 and 201, IPC and Ss. 9, 39, 51 and 52 Wild Life (Protection) Act, 1972 at Police Station, Mathania. The petitioners apprehend their arrest in this case. Hence, they have moved bail applications.

(3.) Harish Dulani has disclosed in his statement under S. 164, Cr. P.C. that he is the driver of Gypsy No. RJ 19 C 2201 owned by Arun Yadav. It was taken on hire by Salman Khan and his party, who had come for film shooting and stayed in Ummed Bhawan, Jodhpur. He and Salman Khan, Satish Shah, Yashpal Singh, Kuldeep, Mahendra Bhati and Raju Banna proceeded for village Bhavad on Nagaur Road. Salman Khan took out his gun on seeing a black buck and fired at it. Yashpal Singh was showing search light. Salman Khan again fired injuring the black buck. Prior to that Salman missed two fires. Satish Shah told him to aim at properly. Salman got down and went near the injured black buck and cut the neck by knife. Thereafter, Yashpal Singh, Kuldeep and Raju loaded that black buck in the jeep. Kuldeep spread soil where the blood stained the earth. They again saw two black bucks and Satish Shah look out a gun and handed over to Salman Khan, who fired shot at the black buck. Gypsy was taken near the injured black buck and all of them got down from the Gypsy. Salman Khan took out a knife and cut its neck. Thereafter all of them came back with two hunted black bucks to Ummed Bhawan. Salman and Satish Shah got down with two guns and search light and went inside. Thereafter he, Yashpal Singh, Mahendra Bhati and Kuldeep went to Hotel Aashirwad where all the persons were sleeping. On suggestion of Yashpal Singh they went to Bhanwar Singh on Air Force Road to have the dead black buck cleaned, but he refused to do the job. Yashpal Singh obtained a