Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 6094 (BOM)

OM S/O SUBRAT GAIN AND ANR v. STATE OF MAHARASHTRA THR PSO., PS GADCHIROLI DIST. GADCHIROLI

ABA/783/2026 · 2026-09-02

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Order 020926aba783.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 783 OF 2026. 1.Om Subrat Gain. 2.Amrut Subrat Gain -VERSUS- State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri Y.P. Bage, Advocate for Applicants. Shri A.B. Badar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 02, 2026. Heard. 2. Applicants are apprehending their arrest in connection with Preliminary Offence Report No.23068/576677/2026 registered with Gadchiroli Forest Office, Gadchiroli for the offences punishable under Sections 2[11], [16], [20], [36], 9, 39, 39[b], 44, 49[B][a][v], 50, 51 and 57 of the Wildlife Protection Act. 3. The learned Counsel for applicants submit that the allegations against applicants are that flesh of Spotted Rgd. 2026:BHC-NAG:11578 Order 020926aba783.26 2 Deer (Cheetal), has been found in their house. It is submitted that the maximum punishment provided is of 3 years, and therefore, applicants would be entitled for anticipatory bail. 4. On the other hand, the learned A.P.P. opposes the application by submitting that admittedly when the secret information was received by the forest officials, they have raided the house premises of applicants, wherein 1.22 kg. of flesh of Spotted Deer was found. He further submits that in order to take the matter to its logical end, custody of applicants would be necessary. In such circumstances, he submits that the application is liable to be rejected. 5. I have considered the rival submissions of the parties and gone through the record. Prima facie it appears that flesh of Cheetal/Spotted Deer was found in the house of applicants when raid was conducted. At that time wife of applicant no.2 and their mother was present in the house. They have been taken in custody. It further appears that in order to crack down the entire racket of hunting wild animals, custodial interrogation of Rgd. Order 020926aba783.26 3 applicants would be necessary. It is further to be noted that it is within the personal knowledge of the applicants, that from where they have brought the flesh, is also required to be interrogated. The entire facts are within their special knowledge, and in such circumstances, in order to conduct effective investigation and to collect material, in my opinion custodial interrogation of applicants would be necessary. Thus, this is not a fit case where the applicants be granted anticipatory bail. Criminal Application is therefore, rejected. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 03/09/2026 10:42:33