SAHEB KARMALI ALIAS SAHIB KARMALI ALIAS SAHEB RAM KARMALI v. THE STATE OF JHARKHAND
A.B.A./2279/2025 · 2025-04-09
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9064 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9064 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:11014 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2279 of 2025
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1. Saheb Karmali @ Sahib Karmali @ Saheb Ram Karmali, aged about 58 years, S/o- Sukhdev Karmali @ Charka Karmali, resident of Village- Dhako Basti, Railway Gate, Phusro, P.S.- Bermo, District- Bokaro, Jharkhand.
2. Ajay Deo, aged about 34 years, S/o- Basu Dev @ Basudev Dev, resident of Village- Dhako Basti, Railway Gate, Near Shiv Mandir, Phusro, P.O.- Phusro, P.S.- Bermo, District- Bokaro, Jharkhand. .... .... …. Petitioners
Versus The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Satish Kumar, Advocate
For the State
: Mr. Prabir Kr. Chatterjee, Spl.P.P
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Order No.02 Dated-09-04-2025
Heard the parties.
Apprehending their arrest in connection with Complaint Case No.716 of 2017 instituted for the offences punishable under Section 33 of the Indian Forest (Bihar Amendment) Act, 1989, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners along with the co- accused persons encroached upon the protected forest land by constructing kachha house over the same. It is submitted that the allegation against the petitioners is false. Drawing attention of this court towards para-16 of the instant bail application, learned counsel for the petitioner submits that the petitioners have no criminal antecedent. It is next submitted that the petitioners undertake that they will not enter into the forest area during the pendency of the case. It is further submitted that the petitioners undertake to cooperate with the trial of the case and to deposit Rs.20,000/- each with the DFO, Bokaro Forest Division without prejudice to their defence in this case. Hence, it is submitted that the petitioners be given the privileges of
anticipatory bail.
Learned Spl.P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on showing proof of depositing Rs.20,000/- each with the DFO, Bokaro Forest Division without prejudice to their defence in this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Bermo at Tenughat in connection with Complaint Case No.716 of 2017 with the condition that they will co- operate with the trial of the case and they will not enter into the forest area during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Saroj/