Bombay High CourtABA/239/2016allowed

Hiraman S/O Mukunda Gharate And Others v. The State Of Maharashtra, Thr. P.S.O. P.S. Desaiganj, Gadchiroli

2016-05-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba239.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 239 OF 2016 (HIRAMAN MUKUNDA GHARATE & OTH....VS..STATE OF MAH. THR. PSO PS DESAIGANJ, DIST. GADCHIROLI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : MAY 02, 2016.

Heard Shri U.J.Deshpande, advocate for the applicants and Shri N.B.Jawade, A.P.P. for the non-applicant. The applicant apprehends arrest in crime registered against them for the offences punishable under Sections 353, 395, 143, 114 and 506 of the Indian Penal Code.

It is undisputed that the applicant No.1 is Sarpanch, applicant No.2 is President of Van Samiti (Forest Committee), Shirpur, applicant Nos. 3 and 4 are members of the above referred Samiti and applicant No.5 is Police Patil of village Shirpur.

The accusations against the applicants are that they instigated the villagers and obstructed the work of felling of trees which work was undertaken for regeneration of the trees, after obtaining necessary clearances from the Regional Office (W.C.Z.), Ministry of Environment, Forest and Climate Change, Union of India.

2 aba239.16 Considering the nature of the incident and the accusations against the applicants, in my view, the interim order granted by this Court on 13th April, 2016 is required to be confirmed.

Hence, the following order :

In the event of arrest in Crime No.07 of 2016 registered by the non-applicant, the applicants be released on bail on furnishing P.R. Bond for Rs.Ten Thousand each. The application is allowed accordingly.

JUDGE RRaut..