(Ashok Bhushan and K.M. Joseph, JJ.)
Siddharth Gupta ___________________________________ Appellant;
v.
State of Chhattisgarh _______________________________ Respondent.
Criminal Appeal No. 809 of 2019 [Arising out of SLP (Crl.) No. 2143 of 2019], decided on April 30, 2019
The Order of the court was delivered by
Order
1. We have heard learned counsel appearing for the parties and perused the record.
2. Leave granted.
3. This appeal has been preferred against the impugned order dated 18.01.2019 passed by the High Court of Chhattisgarh, Bilaspur, whereby the High Court rejected the second bail application of the appellant under section 439 of the Code of Criminal Procedure.
4. The appellant is facing the trial in Crime No. 5688/01/2018 under sections 39A, 39B, 40, 49B(1-A) and 51 of Wild Life (Protection) Act, 1972, Police Station City Kotwali Durg/Forest Department, District Durg (Chhattisgarh).
5. The prosecution case is that from the grocery shop of the appellant, certain prohibited items under the Wild Life (Protection) Act, were recovered. The charge-sheet in the case has already been filed and the trial is in progress.
6. Learned counsel appearing for the respondent-State, does not dispute that the appellant has never been prosecuted for the said offence earlier.
7. Having regard to the facts and circumstances of the present case, we deem it appropriate in the interests of justice to direct the release of the appellant on bail on the terms and conditions as fixed by the trial court.
8. Order accordingly.
9. The trial court shall incorporate one of the conditions in the bail that in the event the appellant is found in indulging in any offences under the Wild Life (Protection) Act, the prosecution shall be at liberty to file an appropriate application for cancellation of bail of the appellant.
10. With the aforesaid directions, the instant appeal is disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No. 2143/2019
Siddharth Gupta ___________________________________ Petitioner
v.
The State of Chhattisgarh ___________________________ Respondent
(FOR ADMISSION and I.R. and IA No. 37451/2019-EXEMPTION FROM FILING O.T.)
Date : 30-04-2019 The matter was called on for hearing today.
(Before Ashok Bhushan and K.M. Joseph, JJ.)
For Petitioner(s) Mr. (Mohd.) Mannan, Adv.
Mr. N.A. Usmani, Adv.
Ms. K. R. Chitra, AOR
For Respondent(s) Mr. Sumeer Sodhi, AOR
Mr. Arjun Nanda, Adv.
Mr. Ashish Tiwari, Adv.
UPON hearing the counsel the Court made the following
ORDER
11. Leave granted.
12. Having regard to the facts and circumstances of the present case, we deem it appropriate in the interests of justice to direct the release of the appellant on bail on the terms and conditions as fixed by the trial court.
13. Order accordingly.
14. The instant appeal is disposed of in terms of the signed order. Pending interlocutory applications, if any, stand disposed of.
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