{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4354 OF 2009 1. Vijay Bhoju Khairnar Age-50 years, Occ-Service R/o Behind Cotton Market, Amalner, Dist-Jalgaon 2. Sk.Muktarali Anwarali Age-45 years, Occ-Business R/o Shaikhpura, Chopda Dist-Jalgoan APPLICANTS VERSUS 1. The State of Maharashtra Through the Forest Officer, Parola, Forest Office Parola Dist-Jalgaon 2. The Superintendent of Police Jalgaon RESPONDENTS ....... Mr.Girish Rane, Advocate for applicants Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 14th December 2009 PER COURT: 1. By the present application, the applicants have {2} approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.02/2009 registered with Forest Officer, Parola for an offence punishable u/s 9, 39, 48- A, 49, and 51 of the Wild Life (Protection) Act 1972. 2. Heard learned counsel for the applicants followed by the submissions of the learned APP. 3. It appears that the said offence is registered on the complaint of Range Forest Officer that one Tavera Jeep was intercepted by the Marvad Police Station Officers and one snake “Mandul” was found being illegally carried by the accused. The snake, along with the vehicle was handed over to the Range Forest Officer, Parola and the said offence came to be registered. 4. It appears that during the interrogation names of the applicants are disclosed. It is alleged that the applicants have participated in commission of the said offence. However, other than the statement of accomplice, recorded during the investigation, there is nothing on record to link the applicants with the alleged offence. A vague statement is made that the applicants have also participated in the commission of the said offence, however what type of participation or role played by them is not disclosed. In the premise, if this is the only disclosure, case is made out to enlarge the applicants on anticipatory bail by exercising discretion u/s 438 of the Criminal Procedure Code. {3} 5. In the result, the application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bond in the like amount. Applicants to cooperate with the investigation officer as and when required for interrogation on written requisition. [A.V.POTDAR, J.] drp/criapln4354-09