IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1604 of 2011
Babulal Murmu and Shanti Hansda .... Petitioners
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioners: Mr.D.C.Mishra
For the Opposite Party : Addl.P.P.
10.06.2011
Heard the learned counsel for the petitioners and the learned
counsel for the State.
This is an application for grant of anticipatory bail filed by the
petitioners in connection with OCR Case No. 195 of 2009 (T .R No. 789 of 2011)
for the offences registered under sections 33/52 of the Indian Forest Act,
pending in the Court of the learned . Sub Divisional Judicial Magistrate, Dumka
It is revealed from the prosecution report that the petitioners
had encroached the forestland and they have been further extending their
boundaries after cutting the bushes. Sand dumped at the placed was seized by
the forest officials. It is submitted that the possession and occupation of the
petitioners in respect of the disputed plot is recorded and they have not
committed any offence as alleged by the forest officials.
Considering the above aspect of the matter as well as the
nature of the offence, both the above named petitioners are directed to surrender
themselves before the court below within a fortnight from the date of this order
and on their surrender, they shall be released on bail on furnishing bail bond of
Rs.10,000/- ( rupees ten thousand) each with two sureties of the like amount
each to the satisfaction of the Sub Divisional Judicial Magistrate, Dumka, in
connection with OCR Case No. 195 of 2009 (T .R No. 789 of 2011), subject to
the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- (D.N.UPADHYAY,J.)