IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA 1. Cr.MP(M) No.986 of 2009 2. Cr. MP(M) No.987 of 2009 Date of decision: 11.11.2009 1. Kewal Ram …..Petitioner. Vs. State of H.P. …. Respondent. 2. Kamal Raj …..Petitioner Vs. State of H.P. …Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner(s) : Mr. N.K. Tomar, Advocate ( In both the petitions) For the Respondent : Mr. Anshul Bansal, Addl. Advocate General with Mr. R.P. Singh, Assistant Advocate General. ( in both the petitions) Kuldip Singh, Judge. Cr.MP(M) No.986 of 2009 has been filed by Kewal Ram and Cr.MP(M) No.987 of 2009 by Kamal Raj under Section 438 Cr.P.C. for granting them bail in FIR No.57/09 registered on 5.11.2009 at Police Station, Renukaji under Section 51 of the Wild Life Protection Act, 1972. The Status report has been filed in Cr.MP(M) No.986 of 2009. Both the applications are being disposed of by common judgment. 2. Heard and perused the record. Whether the reporters of the local papers may be allowed to see the Judgment? Yes 3. In Cr.MP(M) No.986 of 2009, it has been submitted that petitioner has been falsely implicated in the case in connivance with Rajan Kumar who was arrested in FIR No.57/09 on 5.11.2009 at Police Station, Renukaji for possessing leopard skins. The petitioner has no connection with the alleged skins; he has been implicated in the case at the instance of some persons who are inimical towards petitioner. It has been submitted that no recovery is to be made from the petitioner, who is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. In Cr.MP(M) No.987 of 2009 more or less same grounds have been projected for releasing the petitioner on bail as have been taken by the petitioner in Cr.MP(M) No.986 of 2009 4. The bail applications have been opposed by learned Addl. Advocate General on the basis of status report filed in Cr.MP(M) No.986 of 2009. It has been submitted in the status report that the police party was at Nakka at about 1.30 AM on 5.11.2009 when a Maruti Car No.H.P.16-A-0103 came from Rajgarh side. The vehicle was given signal to stop, accordingly the driver stopped the car and on enquiry he disclosed his name Rajan Kumar. In the meantime two persons came out of the rear door of the car and escaped taking advantage of darkness. On search from the back seat of the car two leopard skins one large and one small were recovered from a plastic sac. Nails and the heads were missing from the skins. On the small leopard skin 11 holes apparently of pellets were found. The skins were got checked from Kushal Singh B.O. who identified the skins to be that of leopards, which were taken into possession. On enquiry it was revealed that out of the two persons who came out of the car one was Kamal. On this, the case was registered. Rajan accused was arrested on 5.11.2009. He disclosed the name of third accused Kewal Ram. It has come in investigation that all the accused had brought the leopard skins from Kheri area and they were taking the leopard skins to Saharanpur. The accused Rajan Kumar has been released by Judicial Magistrate Ist Class, Nahan on 6.11.2009. The accused knew each other and they were in contact with each other through mobile phones. In the status report it has been stated that it is to be enquired how the leopards were killed, who are involved in killing the leopards and who are involved in the racket. The recovery of nails and heads of the leopards are to be made. The petitioners were searched in their houses but they were not found there. 5. I have considered the submissions of learned counsel for the parties. It has been submitted on behalf of the petitioners that there is no legal evidence on record to connect the petitioners with the commission of offence. He has submitted that one accused Rajan has already been released on bail by learned Judicial Magistrate on 6.11.2009. The learned Addl. Advocate General has not disputed the fact that accused Rajan has been released on bail by learned Judicial Magistrate but he has submitted that the State is taking appropriate steps to challenge the order of the learned Judicial magistrate for releasing accused Rajan on bail. He has submitted that accused Rajan was driving the car from which two leopard skins were recovered. The accused Rajan has named the petitioners who were travelling in the car and who jumped out of the car and ran away from the spot by taking the benefit of darkness. According to Investigating Agency the leopard skins were found lying in a sac on rear seat of the car where the petitioners were sitting. 6. It is the case of the prosecution that prima facie there are 11 pellet marks on the small skin and both the skins were identified by Kushal Singh B.O. to be that of Leopards. It has been submitted that there is a racket of smuggling of the leopard skins in the area which is to be identified and for that purpose thorough interrogation of the petitioners is necessary. The petitioners on seeing the police party jumped out of the car which creates suspicion regarding the innocence of the petitioners. Rajan was released after arrest. The petitioners are seeking bail under Section 438 Cr.P.C. In these circumstances, petitioners cannot take benefit of release of accused Rajan. There is substance in the submission of learned Addl. Advocate General that keeping in view the facts and circumstances of the case thorough investigation is required in the present case and for that purpose interrogation of the petitioners is necessary. 7. In light of above discussion, the petitioners are not entitled to bail under Section 438 Cr.P.C. and therefore, both the applications are dismissed. The observations made in the judgment are for disposal of the bail applications and shall not be construed as an expression of opinion on the merits of the case. November 11, 2009 ( Kuldip Singh ) (sks) Judge.