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Bombay High CourtABA/126/2022allowed

Tarasing Ananda Jadhav v. State Of Mah. Thr. Forest Round Officer Palodi/ Giroli Govt. Wood Depo. Shendurjana

2022-03-14Hon'Ble Shri Justice Anil S. Kilor2 pages

1 16aba126.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 20 (Tarasing Ananda Jadhav ...VS.. State of Maharashtra ) ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T.U. Tathod, Advocate for Applicant.

Shri S.D.Sirpurkar, A.P.P. for Non-applicant/State. CORAM : A NIL S. KILOR , J.

DATED : MARCH 14 , 20 .

1.

The allegations made in the complaint which was registered as Forest Crime No. 03/2021, are that the accused persons namely, the applicant and his son have committed the offence by removing the five fully grown trees by JCB Machine, standing on the land of the Forest Department.

2.

After going through the contents of FIR, there is nothing to show the involvement of the present applicant. No role is attributed to the applicant in the alleged offence. Even after perusal of the case diary, prima facie, no incriminating material available on record. In that view of the matter, I pass the following order: a] Application is allowed.

b] In the meanwhile, by way of ad-interim protection in the event of arrest of the applicant in Forest

2 16aba126.2022 Crime No.03/2021, registered with Round Forest Officer Palodi/Giroli, Shendurjana Bit, Tah. Manora, Dist. Washim, dated 27/11/2021, for the offences punishable under Sections 26 (1) (d) (f) and (h) and section 63 (c) of the Indian Forest Act, 1927 read with Section 379 of the Indian Penal Code, the applicant be released on provisional bail on furnishing P.R. Bond of Rs.15,000/- by the applicant with solvent surety of like amount. c] The applicant shall attend the concerned authority as and when his presence is required. JUDGE rkn Signed By:RAJESH K NANDURKAR