Gulab vs The State Of Madhya Pradesh
2024 Latest Caselaw 12699 MP

Madhya Pradesh High Court

Gulab vs The State Of Madhya Pradesh on 6 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 6 th OF MAY, 2024
                                          CRIMINAL REVISION No. 761 of 2006

                          BETWEEN:-
                          1.    GULAB S/O GOVIND ROHIT, AGED ABOUT 32
                                YEARS, MAKRONIA,SAGAR (MADHYA PRADESH)

                          2.    MOHANKADORILAL PRAJAPATI, AGED ABOUT 21
                                YE A R S , RAVISHANKER WARD SAGAR M.P.
                                (MADHYA PRADESH)

                          3.    D EVIJALAM PATEL, AGED ABOUT 25 YEARS,
                                KHURAI TIGADDA RAHATGARH SAGAR M.P.
                                (MADHYA PRADESH)

                          4.    DEVIPYARE LAL PATEL, AGED ABOUT 25 YEARS,
                                KHURAI TIGADDA RAHATGARH SAGAR M.P.
                                (MADHYA PRADESH)

                          5.    PRAHLADPARMANAND SEN, AGED ABOUT 20
                                YEARS, KHURAI TIGADDA RAHATGARH SAGAR
                                M.P. (MADHYA PRADESH)

                                                                                   .....PETITIONERS
                          (BY SHRI RAMESH TAMRAKAR - ADVOCATE )

                          AND
                          THE  STATE      OF    MADHYA        PRADESH (MADHYA
                          PRADESH)

                                                                                   .....RESPONDENT
                          (BY SHRI L. A. S. BAGHEL - GOVT. ADVOCATE)

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                           ORDER

1. Applicants have filed this revision against the order dated

28.4.2006 passed by Fifth Additional Sessions Judge, Sagar in Criminal Appeal Nos. 321/2005 and 79/2006 and against the judgment and findings dated 24.10.2005 passed by Judicial Magistrate First Class, Sagar in Criminal Case No. 1491/2004.

2. Learned counsel appearing for the applicants submitted that applicants were proseucuted as they have cut green trees from Beat No. 437, Bhangarh Beat, District Sagar. They were stopped by Searching Party and teak wood was seized. Order was assailed on the ground of facts. Revisional Court will not re-appreciate the facts. No other ground of jurisdictional or error of law is raised in criminal revision. During the course of argument, learned counsel for

the applicants submitted that incident is of year 1992. Now, long time has been passed and no other forest offence has been committed by the applicants. Applicants are now old aged persons. They were continuously litigating before the Court and have suffered a lot in their live. In these circumstances, instead of sending applicants to jail, they may be released on probation of good conduct under Section 4 of Probation of Offenders Act 1958 and under Section 360 of the Code of Criminal Procedure, 2973.

3. Govt. Advocate for the State has opposed the prayer and submitted that environment and forestry is major issue before the Society today. Applicants may not be let off only on admonition for furnishing bond. Letting off applicants will set bad example and increasingly there are more offences against Wild Life and Forest. In these circumstances, no leniency be shown to the applicants.

4. Heard learned counsel for the parties.

5. Considering the fact that incident has occurred in the year 1992 and since then applicants are under constraint threat and under pressure of

being sent to jail and also the fact that they are appearing before the Court for long time and now they are advance stages of their life as also the fact that offences are punishable is less than 7 years of imprisonment and sentence prescribed for the offence committed by the applicants, I deem it appropriate to release the applicants on probation of good conduct and on condition that applicants will plant double amount of trees in reserve forest areas and will furnish the bond within a period of one week from today for doing the same during this rainy season. Applicants will deposit the fine amount before the trial Court. Plantation will be done under DFO, Rahatgarh and all expenses will bear by the applicants for planting of trees. Presence of applicants be marked and they are identified by their counsel.

6. Criminal Revision is disposed off.

(VISHAL DHAGAT) JUDGE AD/