Dismissed

MD Javed Alias Javed v. the State of Jharkhand

Jharkhand HC16 Mar 2023A.B.A./10313/2022

Case brief

AI extract

What is this about?

This order rejects an application for anticipatory bail filed by the drivers and owner of a vehicle found carrying forest woods without transit challans. The Court, noting the gravity of the offence and the recovery of woods without valid documents, declined to extend anticipatory bail and directed the petitioners to seek regular bail from the lower court.

What did the court decide?

Prayer for anticipatory bail is rejected; petitioners directed to surrender and seek regular bail from the lower court.

MD Javed Alias Javed Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.10313 of 2022

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioners : Mr. Pankaj Kumar Choudhary, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P

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Order No.04 Dated- 16.03.2023

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Basantrai P.S. Case No. 85 of 2022 instituted under Sections 414 of the Indian Penal Code and Sections 33 and 42 of Indian Forest Act, the petitioners have moved this Court for grant of privilege of anticipatory bail.

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It is alleged that petitioner Nos.1 and 2 are driver and owner respectively of vehicle bearing Reg. No.JH-17Y-6274 which was found loaded with forest woods without transits challans.

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Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of petitioners and they have purchased the seized woods from M/s Deepak Saw Mill. Petitioners have no criminal antecedents and they have falsely been implicated in this case with ulterior motive. Petitioners undertake to co-operate with the investigation of the case. Hence, the petitioners may be extended the privilege of anticipatory bail.

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Learned S.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is direct and specific allegation against the petitioners of carrying forest woods in huge quantity without transit challan. Hence, petitioner may not be extended privilege of anticipatory bail.

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Considering the facts and circumstances as stated above, coupled with materials available on record against the petitioners, and also in view of the gravity of offence and recover of forest woods in huge quantity without having any valid documents, I am not inclined to extend the privilege of anticipatory bail to the petitioners. Accordingly, the prayer of anticipatory bail application of petitioners is rejected.

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Petitioners are directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudiced by this order.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

MD Javed Alias Javed v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Javed Alias Javed v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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