Case Note & Summary
The State of Maharashtra (Forest Department) filed an application under Section 439(2) of the Criminal Procedure Code, 1973 seeking cancellation of bail granted to Suraj Pal (non-applicant) by the Additional Sessions Judge, Nagpur on 30.7.2014 in M.C.A. No.1332/2014. The non-applicant was arrested in connection with Preliminary Offence Report No.32/2013 for offences punishable under Section 51 read with Sections 9, 39, 44, 49B and 52 of the Wild Life (Protection) Act, 1972. The allegations were that the non-applicant was a trader dealing in endangered wild animals, including tigers, and provided funds and logistical support to poachers. The Special Public Prosecutor argued that there was overwhelming evidence indicating prima facie involvement, including that the non-applicant had financed the poaching of a tiger in Melghat forest, Amravati district, by giving Rs.20,00,000 to co-accused Sarju through Naresh. The court considered the seriousness of the offences, the transnational ramifications, and the prima facie evidence. The court held that the bail granted was liable to be cancelled due to the gravity of the offence and the strong evidence against the non-applicant. The application was allowed, and the bail was cancelled.
Headnote
A) Criminal Procedure Code, 1973 - Cancellation of Bail - Section 439(2) - Prima Facie Evidence - The court considered whether bail granted under Section 439(1) should be cancelled when there is overwhelming prima facie evidence of the accused's involvement in tiger poaching and wildlife trafficking, including financing and logistical support. Held that the seriousness of the offence and transnational links justify cancellation of bail (Paras 1-4).
Issue of Consideration
Whether the bail granted to the non-applicant under Section 439(1) CrPC should be cancelled under Section 439(2) CrPC given the nature and gravity of the offences and the evidence available.
Final Decision
The application is allowed. The bail granted to the non-applicant under Section 439(1) CrPC on 30.7.2014 is cancelled.
Law Points
- Cancellation of bail under Section 439(2) CrPC
- Prima facie evidence of involvement in wildlife offences
- Transnational ramifications of wildlife trafficking
- Seriousness of offence under Wild Life (Protection) Act
- 1972
Case Details
2014 LawText (BOM) (12) 127
Criminal Application No.99 of 2014
Mr. Kartik Shukul, Special Public Prosecutor for the Applicant; Mr. R.J. Mirza, Advocate for the Non-applicant
State of Maharashtra (Forest Department)
Shri Suraj Pal s/o. Jagmohan @ Chhacha
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Nature of Litigation
Application for cancellation of bail under Section 439(2) CrPC.
Remedy Sought
The State of Maharashtra (Forest Department) sought cancellation of bail granted to the non-applicant.
Filing Reason
The non-applicant was alleged to be a trader in endangered wild animals, financier of tiger poaching, and had links with international wildlife dealers.
Previous Decisions
Bail was granted to the non-applicant under Section 439(1) CrPC on 30.7.2014 by Additional Sessions Judge, Nagpur in M.C.A. No.1332/2014.
Issues
Whether the bail granted under Section 439(1) CrPC should be cancelled under Section 439(2) CrPC given the nature and gravity of the offences and the evidence available.
Submissions/Arguments
Learned Special Public Prosecutor submitted that there is overwhelming evidence indicating prima facie involvement of the non-applicant in the offences, including financing of tiger poaching and providing logistical support.
Ratio Decidendi
The court found that there was overwhelming prima facie evidence of the non-applicant's involvement in serious wildlife offences with transnational ramifications, justifying cancellation of bail under Section 439(2) CrPC.
Judgment Excerpts
The nonapplicant came to be arrested by the State Forest Department in Preliminary Offence Report (hereinafter referred to as, “P.O.R.”) No.32/2013, registered for an offence punishable under Section 51 read with Sections 9,39, 44, 49B and 52 of the Wild Life (Protection) Act, 1972 against several accused persons including the nonapplicant.
Learned Special Public Prosecutor submits that there is available on record overwhelming evidence indicating prima facie involvement of the applicant in the offences registered against him.
Procedural History
The non-applicant was arrested by the State Forest Department in P.O.R. No.32/2013. He was granted bail under Section 439(1) CrPC on 30.7.2014 by the Additional Sessions Judge, Nagpur in M.C.A. No.1332/2014. The State of Maharashtra (Forest Department) filed the present application under Section 439(2) CrPC for cancellation of that bail.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 439(2), 439(1)
- Wild Life (Protection) Act, 1972: 51, 9, 39, 44, 49B, 52
