Allowed

Bablu Sharma v. the State of Jharkhand

Jharkhand HC12 Oct 2023A.B.A./3945/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to petitioners facing charges under the Indian Forest Act for illegal log transportation. The court directed release upon arrest if they deposit the alleged loss amount and furnish a bond with sureties.

What did the court decide?

Anticipatory bail granted upon arrest or surrender within six weeks, conditional upon deposit of Rs. 14,000/- and furnishing a bail bond of Rs. 25,000/- each with two sureties.

Bablu Sharma Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3945 of 2023

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Bablu Sharma 2. Gopal Sharma … Petitioners Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mrs. Vani Kumari, Advocate For the State : Mrs. Kumari Rashmi, Addl. P.P. ------

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Order No.05 Dated- 12.10.2023

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Heard the parties.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No. 699 of 2022 registered under sections 41/42 of the Indian Forest Act (Bihar Amendment 1989) Act, 1927.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in transporting wooden logs from the protected forest area illegally causing a loss of approximately to the tune of Rs.14,000/- to the forest department; though the loss has not been quantified specifically in the complaint. It is further submitted that the allegations against the petitioners are all false and the petitioners have no criminal antecedent as has been mentioned in para-6 of the instant anticipatory bail application. It is next submitted that the petitioners are ready and willing to jointly deposit Rs.14,000/- with the D.F.O., Godda without prejudice to their defence in this case, subject to final decision of the case. It is then submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of

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anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the

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above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on showing the proof of jointly depositing Rs.14,000/- with the D.F.O., Godda without prejudice to their defence in this case, subject to final decision of the case and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Godda, in connection with Complaint Case No. 699 of 2022 with the condition that the petitioners will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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At the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioners with the D.F.O., Godda, in connection with this case.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Bablu Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bablu Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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