Allowed

Sapan Kumar Sadhu v. the State of Jharkhand

Jharkhand HC14 Mar 2024A.B.A./498/2024

Case brief

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What is this about?

Anticipatory bail sought in a complaint case alleging construction on raiyati land by encroaching forest land under Sections 30(C)/33 of the Indian Forest Act. A co-accused had already been granted similar relief. The court granted anticipatory bail subject to surrender within three weeks and Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail: petitioner to surrender within three weeks; on surrender/arrest to be released on bail bonds of Rs. 25,000 with two like sureties, subject to Section 438(2) CrPC conditions.

Sapan Kumar Sadhu Vs the State of Jharkhand — Land Acquisition | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 498 of 2024

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Sapan Kumar Sadhu ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party --------

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The State of Jharkhand ..... … Opposite Party

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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-----For the Petitioner : Mr. M.B. Lal, Advocate. For the State : Mr. P.K. Chatterjee, Spl.P.P.

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03/ 14.03.2024 Heard learned counsel appearing for the petitioner and learned Spl.P.P. for the State.

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The petitioner is apprehending his arrest in connection with C.P. Case No. 2077 of 2016, for the alleged offences under Sections 30(C)/33 of the Indian Forest Act, pending in the court of learned Judicial Magistrate, 1^st Cass, Dhanbad.

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Learned counsel appearing for the petitioner submits that the learned court has been pleased to take cognizance against the petitioner and others and one of the co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 2511 of 2017 by the coordinate bench. He submits that the allegations are there that the petitioner has constructed the house in his raiyati land upon making encroachment upon the forest land.

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Learned A.P.P. for the State has opposed the prayer on the ground that the allegations of encroachment are there.

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Considering that the dispute is there with regard to encroachment of forest land and the raiyati land and further one of the coaccused has already been provided the privilege of anticipatory bail in A.B.A. No. 2511 of 2017 by the co-ordinate bench and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1^st Cass, Dhanbad, in connection with C.P. Case No. 2077 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Amitesh/-

Sapan Kumar Sadhu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sapan Kumar Sadhu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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