Bombay High Court
ABA/920/2022 of ASHOK S/O SURYABHAN GAJBHIYE Vs STATE OF MHA. THR. PSO PS UMRED NAGPUR AND ANOTHER on 30 December 2022
IN THE HIGH COURT OF
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1 8 aba 920.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION NO. 920 OF 2022Shri Ashok s/o Suryabhan Gajbhiye
..vs..
State of Maharashtra, thr. P.S.O. and anr.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Office Notes, Office Memoranda of Coram, Court's or Judge's ordersappearances, Court's orders of directionsand Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.H. Tekam, Advocate for the applicant. Shri Deshpande, A.P.P. for the non-applicant no. 1/State CORAM : VINAY JOSHI, J.
DATED : 30.12.2022.
Heard.
2. In anticipation of arrest in Forest CrimeNo.400555 of 2022 registered with North Range ForestOfficer, Umred, Nagpur for the offence punishable underSection 33(1)(A)(c) of the Indian Forest Act, 1927, theapplicant is prayed for pre-arrest protection.
3. In fact, the applicant has applied to the SessionsCourt for pre-arrest bail in which he sought interim relief,which was rejected, that is why the applicant has filed thisapplication.
4. The Sessions Court has declined to grant interimprotection for the reason that the offence is non-bailable.As a matter of fact, since the offence is of non-bailablenature, the application for pre-arrest bail is maintainable.Besides no other reason has been assigned by the SessionsCourt. The alleged offence attracts punishment which mayextend to the imprisonment for one year along with a fine.Already, the Sessions Court has issued notices and the pre-arrest bail application is fixed for hearing on 02.01.2023.
Trupti
TRUPTI SANTOSHJI AGRAWAL
2 8 aba 920.2022
5. In view of above, following order is passed :
(a) In the event of arrest the Applicant/Accused ShriAshok s/o Suryabhan Gajbhiye in Forest CrimeNo.400555 of 2022 registered with North RangeForest Officer, Umred, Nagpur for the offencepunishable under Section 33(1)(A)(c) of theIndian Forest Act, 1927, be released on interimbail on his furnishing P.R. bond of Rs.15,000/-with one surety in the like amount. Ashok s/o Suryabhan Gajbhiye in Forest CrimeNo.400555 of 2022 registered with North RangeForest Officer, Umred, Nagpur for the offencepunishable under Section 33(1)(A)(c) of theIndian Forest Act, 1927, be released on interimbail on his furnishing P.R. bond of Rs.15,000/-with one surety in the like amount.
(b) The interim protection shall remain in force tillthe decision of the anticipatory bail applicationpending before the Sessions Court. the decision of the anticipatory bail applicationpending before the Sessions Court.
(c) The Sessions Court shall decide the pending bailapplication within one week from 02.01.2023. application within one week from 02.01.2023.
6. The application stands disposed of accordingly.
(VINAY JOSHI, J.)