Kameshwar Ganjhu v. The State of Jharkhand
Case at a glance
- Bench
- RAJESH SHANKAR
Provisions considered
- Indian Forest Act, 1927 ss. 41, 42, 52
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482(2)
Key paragraphs
- Para 44. Having heard learned counsel for the parties and on consideration of the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the event of their arrest or surrender before the court below within…
Judgment
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : : For the State Mr. Jitendra Shankar Singh, Advocate Ms. Lily Sahay, A.P.P. Order No.03 Date: 29.11.2024 -----
The petitioners are apprehending their arrest in connection with Complaint (C.F.) Case No.177 of 2023 registered under Sections 41/42/52 of Indian Forest Act, 1927.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the offence report. The petitioner no.1 is the owner and the petitioner no.2 is the driver of seized (Tempo) bearing chassis no.MBX0000WBPB651878 from which is alleged recovery of about 50 CFT illegally excavated coal from the ‘Sikni’ protected forest area. In fact, there has been no such recovery from the said vehicle. The false implication of the petitioners would be evident from the fact that the seizure list prepared in this regard does not bear signature of any independent witness. The petitioners have no criminal antecedent as has been stated in paragraph no.10 of the present anticipatory bail application. They, however, undertake to co-operate in the trial. Hence, they may be given the privilege of anticipatory bail.
Learned A.P.P. opposes the petitioners’ prayer for grant of anticipatory bail.
Having heard learned counsel for the parties and on consideration of the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the event of their arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Latehar connection with Complaint (C.F.) Case No.177 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Arpit/ (Rajesh Shankar, J.) -2- A.B.A. No.7317 of 2024