Shailendra Chatrapalsingh Thakur (In Jail) v. State Of Mah., Thr. R.F.O. Jarida, Tq. Chikhaldara, Dit. Amravati

Order 14 ba 280-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.280/2020 Shailendrasingh s/o. Chatrapalsingh Thakur -VERSUS- State of Maharashtra through R.F.O. Jarida, Tq. Chikhaldara, District Amravati. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri Mahesh Rai, Advocate for applicant.

Ms N.P. Mehta, A.P.P. for non-applicant/State. CORAM : VINAY JOSHI, J.

DATE : MARCH 23, 2021.

The applicant is seeking regular bail in connection with P.O.R. No.21/2017 registered by Range Forest Officer, Jarida, Taluka Chikhaldara, District Amravati, for an offence punishable under Section 26(1)(e) and (f) of the Indian Forest Act. The applicant seeks for regular bail by claiming innocence and false implication. The State resisted bail by filing reply/affidavit. It is alleged that the applicant went to concerned forest and had caused damage to the forest property particularly by felling or cutting of forest timber. It is argued that as per the case of forest officer, the applicant went to the spot to purchase forest property. The applicant was arrested on 05/02/2020 and was came to be released by this Court on interim bail on 12/05/2020 meaning thereby for the period of three months, he was behind bar. Section 26 of the Indian Forest Act prescribes maximum

Order 14 ba 280-2020 punishment of imprisonment for a term which may extend to six months or with fine which may extend to Rs.500/-. Almost half of the sentence prescribed has been already undergone. Having regard to this special feature, applicant has made out a case for grant of regular bail. Application is allowed. Interim order dated 12/05/2020 is hereby made absolute on same terms and conditions.

Criminal Application stands disposed of.

JUDGE R.S. Sahare