IMPORTANT POINT
The court ruled that a convicted person sentenced to three years has a right to bail unless special reasons for denial are provided, emphasizing the need for adherence to Section 389(3) of the CrPC.

JUDGMENT :

(Biswaroop Chowdhury, J.)

This application under Section 482 CrPC is directed against the Order dated 21.12.2023 passed by Learned Sessions Judge Alipurduar in Criminal Appeal 37/2023 rejecting the prayer for bail made by the Petitioner.

2. The facts of the case in brief is that on 04.02.2023 the forest officer while on patrolling duty received information regarding the present petitioner carrying Hill Maynas (schedule species) with himself by a motorbike bearing no. WB-70A-4293 near Paglabazar Marakhata. Near the Paglabazar area, the forest officer identified and arrested the accused and seized all articles including a motorbike and seven (07) Hill Maynas from his person. The present petitioner was forwarded before the Learned Court of Additional Chief Judicial Magistrate, Alipurduar on the very same day and a case was registered as CR Case No. 75 of 2023. On 27-03-2023 Prosecution Report was received against the Petitioner/accused person under Section 50 and 51 of the Wild Life protection Act 1972 and the matter was transferred to Learned Judicial Magistrate 3rd Court Alipurduar. Trial was held before the Learned Magistrate and evidence was adduced. On completion of trial the petitioner was convicted of the offence punishable U/S 51(1) of the Wild Life (Protection) Act 1972 for committing offence under sections 9/39(a)/39(b)/44/49 of the Wildlife (Protection) Act 1972 and sentenced to suffer Rigorous Imprisonment for 3(three) years along with fine of Rs. 10,000/- in default of payment the petitioner to undergo further imprisonment for 1(one) month. The petitioner being aggrieved by the order of conviction preferred an appeal before Learned District and Sessions Judge Alipurduar being CRA No. 37 of 2023 which is pending along with an application for bail. The Learned Sessions Judge by Order dated 21.12.2023 was pleased to reject the application for bail filed by the petitioner.

3. Learned Sessions Judge while rejecting the prayer for bail made the following observation.

‘On perusal of the impugned judgment, I find that, Prima facie, the Learned Trial Court has passed the reasoned judgment and there is nothing on record to suggest, at this stage that the accused has fair chance of acquittal. At this stage I do not find any substance to satisfy myself that the conviction is prima facie not sustainable. So far the merit of the case is concerned evidence adduced by both the parties can be re-appreciated at the time of hearing of the present appeal and the appellant shall always be at liberty to highlight the lacuna and loopholes if any of the prosecution at the time of hearing of the appeal. The mere submission of the Ld. Counsel for the appellant that the convict never misused the liberty granted by the Court earlier would not suffice to entitle him to get the benefit of bail in the appeal stage.’

4. The petitioner being aggrieved by the order passed by Learned Sessions Judge in CRA No – 37 of 2023 has come up with the instant revisional application.

5. It is the contention of the petitioner that the Learned Judge in the Court below failed to appreciate the facts and circumstances of the case and also erred in law and passed the impugned judgment and order which is liable to be set aside. It is further contended that after closure of the prosecution case the Petitioner was purportedly examined under Section 313 of the Code of Criminal Procedure 1973 and Learned Judicial Magistrate 3rd Court Alipurduar was pleased to fix a date for argument. Learned Advocate for the petitioner on 24/11/2023 prayed for time on the ground of illness and due to pressure upon the learned advocate the same was not pressed. The petitioner was earlier arrested in another case being NGR. Case No. 7555 of 2023, and was produced before the Learned Chief Judicial Magistrate Alipurduar on 24/11/2023 and Learned Judicial Magistrate 3rd Court Alipurduar directed the GRO to produce the petitioner immediately.

6. Learned Judicial Magistrate 3rd Court Alipurd