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Jharkhand High Court
Khurshid Alam vs State Of Jharkhand on 16 September, 2011

                                  A.B.A. No. 2158 of 2011
            Khurshid Alam                            ...  ...          ...         Petitioner

            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.


Heard learned counsel for the parties.

Petitioner is accused in a case registered under Sections 33/63 of the Indian

Forest Act.

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)


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