Disposed

Jawar Miyan Alias Jabbar Ali Alias Jabar Ali v. the State of Jharkhand

Jharkhand HC13 Mar 2023A.B.A./1257/2023

Case brief

AI extract

What is this about?

In a police/forest office complaint case under the Indian Forest Act, the High Court disposed of the anticipatory bail application without addressing merits, directing the petitioners to seek regular bail from the trial court citing Satender Kumar Antil guidelines.

What did the court decide?

Petitioners directed to seek regular bail before the trial court in accordance with Satender Kumar Antil guidelines.

Jawar Miyan Alias Jabbar Ali Alias Jabar Ali Vs the… — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 1257 of 2023

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Jawar Miyan @ Jabbar Ali @ Jabar Ali

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Asgar Ansari @ Asagar Ansari

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Jaiyum Miyan @ Jaiyum Uddin @ Md. Jaiyum Uddin

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Versus

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The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioners : Md. Shamma Parveen, Advocate For the State : Mrs. Ruby Pandey, A.P.P.

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Order No.03/ Dated:13.03.2023

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Forest Complaint Case No. 131 of 2014 instituted under Sections 33 of the Indian Forest Act, the petitioners have moved to this Court for grant of privilege of anticipatory bail.

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As per complaint petition, it is alleged that the named accused persons were excavating white stones from the protected forest area. Upon protest by forest guards, they started to abuse them. It is further alleged that two spades, two baskets, two ‘sabbal’ and one ‘Gaita’ were recovered from the place of occurrence and about 03 decimals of forest land was excavated by the accused persons.

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Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case and have no concern with the alleged occurrence. Petitioners have got no criminal antecedents. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the

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petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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It is an official complaint case, lodged by the forest department. Only summons/WA has been issued against petitioners. Hence, there is no requirement of custodial trial of the accused persons, hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.

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Petitioners are directed to seek regular bail before learned trial court which shall be disposed of in accordance with guidelines laid down by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773.

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(Pradeep Kumar Srivastava, J.)

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R.K/

Jawar Miyan Alias Jabbar Ali Alias Jabar Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jawar Miyan Alias Jabbar Ali Alias Jabar Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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