Jamilaben Ogen vs State Of Gujarat

Nirzar S. Desai, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with F.O.R. (Forest Offence Report) registered as Sasan Normal Range C.R.No. 21 of 2022-23 registered with Sasan Normal Range, District: Junagadh for the offences punishable under Sections 2 (12) (B), 2 (15), 2 (26), 2 (35), 2 (37), 27 (4), 29, 31, 32, 50, 51, 52, 2 (16) and 9 of the Wild Life (Protection) Act r/w sections 26 (1) A, D, E, T, 41 (2) and 42 of the Indian Forest Act.

Learned Advocate for of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is apprehended by learned APP Mr. Raval that considering the location of the present applicant found during the course of investigation, she has travelled right from Himachal Pradesh to Gujarat and therefore, there was a strong apprehension that the present applicant is likely to abscond and therefore, learned APP submitted that to ensure her presence during the course of trial, the Court may consider that in case of default in marking presence by the present applicant, the bail granted to her by this Court be cancelled automatically.

In view of above, if the present applicant fails to mark her presence before the concerned police station, beyond a period of one week from the date on which she suppose to report before the concerned police station i.e. on 1st and 15th day of every month or any other condition if breached is reported, the bail granted to the present applicant shall automatically stands cancelled.

Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

This Court has considered following aspects:-

(a) The applicant is in jail since 05.01.2023.

(b) Investigation is over and charge-sheet is filed.

(c) The applicant is a lady accused.

(d) There is no recovery of the sandalwood logs from the present applicant.

(e) As the allegation against the present applicant is of cutting the Sandalwood.

(f) Even learned APP also could not dispute the fact that even if the present applicant is held guilty of the offence alelged against her, the maximum punishment would be seven years.

In the facts and circumstances of the present case, I am inclined to consider the case of the present applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with F.O.R. (Forest Offence Report) registered as Sasan Normal Range C.R.No. 21 of 2022-23 registered with Sasan Normal Range, District: Junagadh on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the Districts: Junagadh, Gir- Somnath and Amreli without prior permission of the concerned trial court, till the trial is over;

[e] mark presence before the concerned Police Station on 1st and 15th day of every English calendar month between 11:00 a.m. and 2:00 p.m, till the trial is over.;

[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

The authorities will release the applicant only if the applicant is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Sessions Court to delete, modify and/ or relax any of the above conditions, in accordance with law.

At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted.