IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2158 of 2011 ------ Khurshid Alam ... ... ... Petitioner Versus The State of Jharkhand ... .... ... Opp. Party ------ CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY ------ For the Petitioner : Mr. Deepak Kumar, Adv. For the Opp. Party : A.P.P. ----- 02/16.09.2011
Heard learned counsel for the parties.
Petitioner is accused in a case registered under Sections 33/63 of the Indian
It reveals from the complaint that the petitioner along with junior engineer of
Markacho Block and junior engineer of Minor Irrigation have been working to
construct check dam at village Fulwariya. Since the accused persons were not
authorised for the construction of check dam with valid sanction from the forest
official, instant case has been instituted.
It is submitted that the petitioner has committed no offence and construction
of check dam was going on with valid sanction, approved by the Government.
Considering the submissions advanced by the learned counsel and aforesaid
aspects of the matter, above named petitioner is directed to surrender in the Court
below within a fortnight and on such surrender or in the event of his arrest the
petitioner shall be released on bail by the Court below on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction
of Shri S.S. Fatmi, learned Judicial Magistrate, 1st class, Koderma, in connection with G.
Case No. 139/2007 corresponding to T.R. No. 1127/2009 subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
(D.N. Upadhyay, J)