The Supreme Court of India directed the petitioners to surrender and seek regular bail instead of granting anticipatory bail, noting the case is old, allegations are general, and no custodial trial is required, citing Satender Kumar Antil guidelines.
Petitioners directed to surrender within four weeks and seek regular bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2486 of 2019
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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioners : Mr. O.P. Singh, Advocate For the State : Mr. Sanjay Kr. Pandey, Addl.P.P
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Order No.07 Dated- 23.01.2023
Heard learned counsel for the parties.
Apprehending their arrest in connection with G(F) Case No. 468 of 2015 instituted under Sections 33, 41 and 42 of the Indian Forest Act, 1927, the petitioners have moved this Court for grant of privilege of anticipatory bail.
It is alleged that on 29.10.2015 at about 6:00 am, while the forest parties were on patrolling duty, they found petitioners breaking stones for loading it on tractors for the purpose of illegal business. On seeing the forest parties, petitioners fled away from the place of occurrence.
Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of petitioners and only on the basis of suspicion, the names of petitioners have been dragged in this case. Petitioners undertake to co-operate with the investigation of the case. Hence, the petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
It appears that it is a forest case of year 2015. There is no requirement for custodial trial in this case. Allegations are also general and omnibus in nature. Hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.
Petitioners are directed to surrender before the court below within four weeks from the date of this order and seek regular bail which shall be disposed off on its own merits in accordance with the guidelines laid down by the Hon’ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773 .
(Pradeep Kumar Srivastava, J.)
Pappu/
2 issues framed by the court
Whether the petitioners, apprehending arrest in a forest case, are entitled to the grant of anticipatory bail.
Whether a custodial investigation is required in the present case considering the general and omnibus nature of allegations.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr.Followed¶16
_Satender Kumar Antil Vs. Central Bureau of Investigation & Anr._ reported in _2021(10) SCC 773_
1 provisions across 1 enactments
Gano Prasad Mehta
Om Prakash Mehta
State
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
