Allowed

Savitri Devi v. the State of Jharkhand

Jharkhand HC14 Nov 2019A.B.A./8027/2019

Case brief

AI extract

What is this about?

The Court granted anticipatory bail in a case alleging illegal use of a JCB machine for forest violation. The petitioner was directed to deposit Rs. 25,000 with the DFO and furnish a bail bond with two sureties, conditioning release that neither the petitioner nor the machine enters forest areas pending the trial.

What did the court decide?

Anticipatory bail granted contingent on deposit of Rs. 25,000 with DFO and furnishing of bail bond with two sureties of like amount, conditioned that neither the petitioner nor her JCB machine enters

Savitri Devi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 8027 of 2019

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Savitri Devi … Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Md. Asghar, Adv. For the State : Ms. Priya Shreshtha, Addl. P.P.

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02 / 14.11.19 Heard the parties.

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Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with complaint case No. 2291 of 2019 registered under Sections 33/33(c)/41/42 of Bihar Forest Amendment Act, 1990 of the Indian forest Act, 1927, and also section 52 of the Indian Forest Act.

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Learned counsel appearing for the petitioner submits that the petitioner is the owner of JCB machine bearing registration no. JH22C-9602 and the allegations against the petitioner is her JCB machine was used by the co-accused persons for uprooting the trees over 50 decimals of land. It is then submitted that the allegations against the petitioner are all false and she had no knowledge that her JCB machine was used in any illegal activity. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 16 of the anticipatory bail application. It is next submitted that the petitioner is ready and willing to deposit Rs. 25,000/- with the DFO, Hazaribagh without prejudice to her defence subject to final decision in the case and she undertakes that neither she nor her said JCB machine will enter into any forest area during pendency of the case hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner shall be released on bail on showing the proof of deposit of Rs. 25,000/- with the DFO, Hazaribagh and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1^st class, Hazaribagh in connection with complaint case No. 2291 of 2019 subject to the condition that neither the petitioner nor her said JCB machine bearing registration no. JH22C-9602 will enter into any forest area during pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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It is made clear that at the time of the conclusion of the trial, the trial court will pass necessary order regarding the amount, if any, deposited by the petitioner with the DFO, Hazaribagh.

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Smita/-

Savitri Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Savitri Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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