Offence Committed Within A 'Reserved Forest' Area: Chhattisgarh High Court Refuses Bail To 4 Accused Of Hunting Female Sambar Deer

The Chhattisgarh High Court has recently refused to grant bail to four men arrested on the charges of killing a female Sambar Deer in the reserved forests of Chhattisgarh.

Justice Narendra Kumar Vyas observed that the place of offence is a reserved forest that falls within Section 51(1A) of the Wildlife Protection Act; thus, the alleged offense is non-bailable. He noted,

"Therefore, it is crystal clear that Arjuni Parikshetra falls within the category of Reserve Forest. The applicants were involved in haunting an animal which falls under item 16 of the Schedule III of the Wild Life (Protection) Act in reserve forest; therefore, the judgment cited by the learned counsel for the applicants in the case of Arjun Singh (Supra) is not applicable in the facts of the case."

The applicants filed a bail application under Section 439 of the CrPC in connection with Crime No. 15571/13 for offences punishable under Sections 9, 39, 50, 51, and 52 of the Wild Life (Protection) Act,  1972.

In the prosecution's case, on receiving information about the hunting of a female Sambar, the Forest Officials prepared a team, conducted a search, and found the applicants in possession of meat.

The applicants submitted through Advocate Sunil Sahu, that they have been falsely implicated as the animal whose hunt is being alleged falls within Schedule-I of the Wild Life (Protection) Act. They allege that the Seizure Panchnama and the recovery of wild animals are from the spot and not from the possession of the applicants. It was their case that dogs killed the female Sambar.

Referring to Arjun Singh & Ors v. the State of Chhattisgarh, the counsel argued that the final report had not been submitted, the offence is triable by the Judicial Magistrate First Class, punishment may extend to three years and trial may take some time, and the applicants are in custody since 26.10.2021

Opposing the bail, Deputy Advocate General Animesh Tiwari, argued that the animal hunted falls within Schedule III Item No. 16 of the Wildlife Protection Act, where punishment is not less than three years and may extend to 7 years. Moreover, the place of offence is a Reserve Forest.

The Court observed that from a bare perusal of Section 20A of the WP Act, it is quite clear that if any forest land has been declared to be reserve forest before the merger of the State by the ruler of State Government, it will be applicable with full force. Thus it observed,

Examining the facts of the case, the Court held that the offence had been committed in reserve forest, and it falls within Section 51(1A) of the WP Act. Therefore, the offence is non-bailable.

While refusing to grant bail, the Court directed to expedite the trial and conclude it within 1.5 years.

Case Title: Ganesh Ram & 3 Ors v. The State Of Chhattisgarh

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