Sunil Kumar Singh vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint (OCR) Case No. 570 of 2017 registered under sections 41/42/52 of the Indian Forest Act and under section 5/8/9/10/11/ 13 of the Bihar Saw Mill (Amendment) Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was running a saw mill inside the forest area illegally and 39 pieces of wooden logs of different pieces and sizes were found inside and outside the saw mill. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in paragraph no. 12 of the instant anticipatory bail application. It is then submitted that the petitioner is ready and willing to deposit Rs.85,778/- with the Deputy Commissioner, Dumka without prejudice to his defence in this case and subject to final decision of the case. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of eight weeks from the date of this order, he shall be released on bail on showing the proof of deposit of Rs.85,778/- with the Deputy Commissioner, Dumka and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dumka, in connection with Complaint (OCR) Case No. 570 of 2017 with the condition that the petitioner will cooperate with the trial of the case and other conditions laid down under section 438 (2) Cr. P.C.

It is made clear that at the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioner with the Deputy Commissioner, Dumka.