‘Bhai’ case rescues three poachers

The Times of India , Thursday, November 17, 2016
Correspondent : Vijay Pinjarkar
Nagpur: Close on the heels of tiger poacher AjitChhiyalalRajgond, three accused in the monitor lizard poaching case in Amravati were released on bail by the chief judicial magistrate (CJM) on Monday. The major argument of their advocate was that since Salman Khan could get bail in poaching case, even they could get bail.

A few monitor lizards had been killed on the farm of ManojVasantraoJagtap at Pimpalkhut, and the meat served at a party on July 17. After the pictures went viral on social media, Amravati forest officials arrested two of the six accused. There were allegations that some accused were not arrested since they were relatives of a MLA and one of the investigating officers. The accused visited the forest offices and spoke to officials but were never arrested.

In August, additional district judge (ADJ) Vimalendra Nath Tiwari had rejected anticipatory bail of all accused. Later, in October, Justice SB Shukre at Nagpur Bench of Bombay High Court too had rejected their bail application stating that monitor lizards were symbol of an healthy ecosystem.

The accused later moved the Supreme Court and said that since investigations were complete, they should be granted bail. The apex court asked them to appear before the trial court at Amravati. During the hearing on Monday, district government pleader (DGP) ParikshitGanorkar strongly opposed bail to the accused. Prashant Bhelande, counsel for the accused, argued that when actor Salman Khan can get bail in poaching case why can't his clients?

After hearing both parties, CJM SB Pawar granted bail to accused Hemant Deshmukh, Ravi Ingle and Ashish Bobde on surety bail bond of Rs1 lakh. Based on this ruling, another accused ShekharKapse filed a bail application on Tuesday, but it was rejected.

The role of forest officials in the case remains dubious. All accused were interrogated but were never arrested. The forest department told the court that the accused were cooperating in the probe.

"Does this mean that if an accused is cooperating he should not be arrested?" asked representatives of NGOs. Being a Schedule I mammal under Wildlife Protection Act 1972, poaching of monitor lizards is considered the same as poaching a tiger.

Legal experts say Section 27 of Indian Evidence Act 1872 is admissible only when the accused are in custody. "Since the accused who got bail were never arrested, there will be no strong evidence against them, except statements. The case will meet the same fate as tiger poacher Ajit, and walk free," they told TOI.

"Forest officials took the case for granted. Tomorrow, every poacher will cite Salman Khan case ruling and get away with wildlife crime," they said.

 
SOURCE : http://timesofindia.indiatimes.com/city/nagpur/Bhai-case-rescues-three-poachers/articleshow/55444539.cms
 


Back to pevious page



The NetworkAbout Us  |  Our Partners  |  Concepts   
Resources :  Databases  |  Publications  |  Media Guide  |  Suggested Links
Happenings :  News  |  Events  |  Opinion Polls  |  Case Studies
Contact :  Guest Book  |  FAQs |  Email Us