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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7644 of 2021

Pabitra Majhi and another

….

Petitioners

Mr.A.K. Sahoo, Advocate

-Versus-

State of Odisha

….

Opposite Party

Mr. A.N. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE R.K. PATTANAIK

Order No.

ORDER

23.11.2021

02.

1.

Heard learned counsel for the petitioners and

learned counsel for the State.

2.

This is an application under Section 439 Cr.P.C. filed

by the petitioners for bail in connection with Deogarh Division

O.R. Case No.37 of 2021-22 arising out 2(b) C.C. Case No.13 of

2021 pending in the court of learned J.M.F.C., Reamal on the

grounds stated therein.

3.

Perused the impugned order dated 26.08.2021 and

the P.R. dated 14.08.2021.

4.

As per the P.R., it is made to reveal that the forest

officials received credible information from reliable sources

regarding illegal trading of elephant tusk and while being watchful

seized two numbers of tusk from the possession of petitioner No.2

and in that connection, the accused persons were arrested and

forwarded to the court and they are in custody since their date of

arrest.

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5.

Learned counsel for the petitioners submits that

petitioner No.2 did not commit any overt act intentionally but did

it, while defending himself from being killed by the animal and

after some days, removed the tusk from the dead elephant and

while contending so, referred to the statement of petitioner No.2,

a certified copy of which is made available to the Court for its

perusal. It is, thus, contended that considering the circumstances

leading to the killing of elephant and collection of tusk thereafter,

the petitioners who were in custody since 14.08.2021 should be

enlarged on bail with any conditions, which is opposed by learned

counsel for the State on the ground that the accused persons are

involved in the trading of elephant tusk and was about to dispose

it of before being apprehended by the forest officials.

6.

Prima facie from the materials on record, it is

established that two tusks were recovered from the possession of

petitioner No.2 and seized by the forest officials. As informed to

this Court, the petitioners do not have any criminal antecedents.

7.

Perused the statement of the accused, namely,

petitioner No.2 who claimed to have killed the elephant

accidentally killing. Having regard to the fact that the offences are

triable by a Magistrate First Class, nevertheless an elephant was

killed and since the accused persons have no criminal antecedents

as submitted by learned counsel for the petitioners, the Court is of

the considered view that both should be enlarged on bail with

conditions.

8.

Accordingly, it is directed that the petitioners be

released on bail on furnishing bail bonds of Rs.40,000/- (rupees

forty thousand) each with one solvent surety for the like amount

each to the satisfaction of the learned court below in seisin over the

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matter with conditions that they shall not involve themselves in

any such criminal activities, while on bail; and shall appear before

the learned court below on each date of posting without fail.

9.

The BLAPL is accordingly disposed of.

10.

An urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik)

Judge

KC Bisoi