'Deputy Forest Conservator vs Unknown
2023 Latest Caselaw 349 UK

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      06.02.2023                        CRLR No. 81 of 2023
                                        Hon'ble Alok Kumar Verma, J.

In Complaint Case (No. 1135 of 2007, 'Deputy Forest Conservator Vs. Suresh & Five Others'), the proposed revisionist-accused was convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs. 10,000/- for the offence punishable under Section 9 read with Section 51 of the Wild Life (Protection) Act, 1972. The proposed revisionist-accused had preferred an Appeal (Criminal Appeal No. 76/2019). The said appeal has been dismissed on 29.11.2022. Aggrieved by the said judgment, passed by learned Second Additional Sessions Judge, Dehradun, the proposed Criminal Revision has been filed.

Heard Mr. Abhishek Verma, learned counsel for the revisionist and Ms. Manisha Rana Singh, learned A.G.A. with Mr. Balvinder Singh, learned Brief Holder for the State.

Criminal Revision is admitted. List on 09.05.2023.

Heard on Bail Application (I.A. No. 2 of 2023).

Mr. Abhishek Verma, learned counsel for the revisionist submitted that there are material contradictions in the statements of the prosecution's witnesses, therefore, there are substantial doubt about the conviction. The applicant was on bail during the trial and during the appeal, and, the conditions of bail were neither misused nor violated by him. The appellant has no criminal history and he is a permanent resident of District Tehri Garhwal.

Learned counsel for the State opposed the bail application.

Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist.

Let the revisionist- Sunder Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court.

Registry is directed to send a soft copy of this bail order immediately by e-mail to the revisionist-prisoner through the concerned Jail Superintendent for necessary action.

Bail Application (I.A. No. 2 of 2023) and Urgency Application (I.A. No. 1 of 2023) stand disposed of accordingly.

                        (Alok Kumar Verma, J.)
                               Vacation Judge
Navin                           06.02.2023