CRLR/446/2025
2025 Latest Caselaw 992 UK

Uttarakhand High Court

CRLR/446/2025 on 18 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  CRLR No.446 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Devesh Upreti, Advocate for the revisionists.

2. Mr. S.S. Chauhan, D.A.G. with Mr. Vikash Uniyal, B.H. for the State.

3. This criminal revision is directed against the judgment and order dated 05.09.2023, passed by learned Chief Judicial Magistrate, Champawat in Criminal Case No.387 of 2022 (Old Case No.183 of 2016), DFO Haldwani Vs. Ishwar Singh and others, whereby the revisionists have been convicted under Section 51 of The Wild Life (Protection) Act, 1972 and sentenced three years rigorous imprisonment with a fine of ₹10,000/-, each, with default stipulation of 30 days additional simple imprisonment.

4. Learned counsel for the revisionists submits that the judgment and order impugned in the present writ petition is factually and legally incorrect for the reason that the recovery is not proved to the hilt against the revisionists. He further submits that the Wildlife Institute of India Laboratory was notified in the year 2017 under Section 293(4)(g) of the Cr.P.C., therefore the Senior Technician - C.W.1 has not been defined as expert for the purpose of verifying the alleged recovery of the remains of the wild animal.

5. With these arguments, it is submitted that recovery of the alleged skin (hide) of the Leopard from the revisionists has not been conclusively proved against the revisionists.

6. Per contra, learned State counsel supported the judgments impugned in the present criminal revision.

7. Having considered the rival submission of the parties and perusal of the judgment, this Court is of the view that the revision requires hearing.

8. Admit.

9. Sent for T.C.R. Bail Application (IA No.1 of 2025)

10. Learned counsel for the revisionists/applicants would press for the bail application.

11. It is submitted by learned counsel for the revisionists/applicants that all the revisionists/applicants have surrendered on 17.07.2025 before the learned trial court for serving out the sentence. To substantiate this fact a supplementary affidavit has been prepared by the revisionists/applicants.

12. I have perused the supplementary affidavit. The same is returned back to the learned counsel for the revisionists/applicants and the supplementary affidavit be filed by revisionists/applicants in Registry of this Court, during course of the day.

13. On merits of the bail application, it is contended by learned counsel for the revisionists/applicants that he press the same argument which he has advanced in support of the criminal revision. He further submits that the revisionists/applicants have no criminal history and they were on bail during trial as well as pendency of the criminal appeal, but they never misused the bail granted by trial court as well as appellate court.

14. Per contra, learned State counsel admits that there is no misuse of the bail by the revisionists/applicants and there is no criminal history.

15. Having considered the rival submission of the parties, this Court is of the view that since revision has been admitted for hearing, the revisionists/applicants deserve to be released on bail.

16. Accordingly Bail application is allowed.

17. Let the applicants - Ishwar Singh, Suresh Singh Kunwar, Jagdish Singh and Diwan Singh be released on bail, during pendency of the present criminal revision, on their executing a personal bond and furnishing two reliable sureties, by each one of them, each of the like amount to the satisfaction of the court concerned.

18. Realization of fine, as imposed by the trial court, shall also remain stayed, during pendency of the present criminal revision. The sentence shall also remain suspended.

19. List this case on 15.10.2025.

(Pankaj Purohit, J.) 18.07.2025 SK