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1998 Supreme(Raj) 750

Rajasthan High Court
Honble S.C. MITAL, J.
Satish Ravilal Shah - Appellant
Versus
State of Rajasthan - Respondents
S.B. Cr. Misc. Bail Petition No. 3027 of 1998 & 4 Others Bail Petitions
Decided On : November 09, 1998

Advocates Appeared:
Jagdeep Dhankar, Sr. Advocate Assisted by Ravi Bhansali, for Petitioner Satish Shah B.S. Rathore, for Petitioners Mahendra Singh, Yashpal Singh, Mahendrapal Singh and Dushyant Singh S.K. Vyas & Sneh Lal Joshi, Public Prosecutor

Headnote:Wild Life (Protection) Act, 1972 – Secs. 9, 39, 51 & 52 and Criminal Procedure Code, 1973, Sec. 438 – Anticipatory bail petition – The case relates to hunting of the endangered animal black buck and its killing – These are five bail petitions relating to the same F.I.R. – F.I.R. was lodged after 14 days when the names were disclosed from the statement of a prosecution witness under Sec. 164 Cr.P.C. – This very witness has not disclosed these names in his previous police statement – Out of these petitioner Satish Shah is a heart patient and has a medical history which is a ground for granting him bail facility – The other accused in similarly situated situations have been granted anticipatory bail – Hence these petitioners are similarly treated and bail is allowed. (Paras 4 & 8)

       

Honble MITAL, J.–The above five bail petitions are being disposed of by this order as these relate to the same F.I.R. No. 162 dated 11.10.98, Police Station, Mathania under Sections 147, 148 r/w 149 & 201 I.P.C., Sections 9, 39, 51 & 52, Wild Life (Protection) Act, 1972 and 27 Arms Act.

(2). The brief facts are that Wild Life Conservator, Jodhpur, sent a written re- port on 11.10.98 that a case F.I.R. No. 93(26) dated 2.10.98 is under investigation in the Forest Department about hunting of black bucks during the night of 1st and 2nd October, 1998. During investigation, one Harish Dulani gave the statement on 26.9.98 that Salman Khan, Satish Shah, Yashpal Singh, Mahendra Bhati, Kuldeep Choudhary and Raju Banna hunted two black bucks illegally on 26.9.98. The wea- pons used in the commission of the offence and other articles are to be recovered by thorough investigation. Therefore, a case may be registered for investigation. He also forwarded the copy of the statement. A case was registered under Sections 147, 148 read with 149 & 201 I.P.C. and Sections 9, 39, 51 & 52 Wiled Life (Protection) Act, 1972 at Police Station, Mathania. The petitioners apprehend their arrest in this case. Hence, they have moved bail applications.

(3). Harish Dulani has disclosed in his statement under section 164 Cr.P.C. that he is the driver of Gypsy No. RJ 19 C 2201 owned by Arun Yadav. It was taken on hire by Salman Khan and his party, who had come for film shooting and stayed in Ummed Bhawan, Jodhpur. He and Salman Khan, Satish Shah, Yashpal Singh, Kul- deep, Mahendra Bhati and Raju Banna proceeded for village Bhavad on Nagaur Road. Salman Khan took out his gun on seeing a black buck and fired at it. Yashpal Singh was showing search light. Salman Khan again fired injuring the black buck. Prior to that Salman missed two fires. Satish Shah told him to aim at properly. Salman got down and went near the injured black buck and cut the neck by knife. Thereafter, Yashpal Singh, Kuldeep and Raju loaded that black buck in the jeep. Kuldeep spread soil where the blood stained the earth. They again saw two black bucks and Satish Shah took out a gun and handed over to Salman Khan, who fired shot at the black buck. Gypsy was taken near to injured black buck and all of them got down from the Gypsy. Salman Khan took out a knife and cut its neck. Thereafter all of them came back with two hunted black bucks to Ummed Bhawan. Salman and Satish Shah got down with two guns and search light and went inside. Thereafter he, Yashpal Singh, Mahendra Bhati And Kuldeep went to Hotel Aashirwad where all the persons were sleeping. On suggestion of Yashpal Singh they went to Bhanwar Singh on Air Force Road to have the dead black buck cleaned but he refu- sed to do the job. Yashpal Singh obtained a bottle of wine from Bhanwar Singh and came back to Aashirwad Palace. Yashpal, Kuldeep and Mahendra Bhati took the black buck in the kitchen of the hotel. Shri Harish Dulani has stated that at that time in the night it was about 2.30 A.M. so he went away with the Gypsy.

(4). I have heard the learned counsel for the petitioners and the learned Public Prosecutor. I also perused the documents in the case diary. On behalf of Satish Shah it is argued that the incident took place on 26.9.98. The case has been registered on 11.10.98 on the basis of the statement dated 7.10.98 of Harish Dulani, driver of the Gypsy recorded during investigation of C.R. No. 93(26)/98 of the Forest Department. Thus the case has been registered after 14 days of the incident dated 26.9.98. The petitioner Satish Shah is a Film Actor and Television Artist, who has contributed in the field of Art to the society. He is a man of unimpeachable conduct and antecedents. He is a patient of Coronary Artery disease. He suffered this disease in the year 1997 when he went to Chenai for film shooting. He had to undergo Angiography and Angioplasty. In view of this heart ailment also the petitioner may be released on bail. It is alleg













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