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Judgment
The petitioners are accused in a case registered under Section 33 of the Indian Forest Act.
It is alleged in the F.I.R. that the petitioners have illegally ploughed and implanted Arhar crops on plot No.628 which comes under the scheduled forest area vide notification No.150-CG- 10154/52R, which is Sirha P.S. It is further alleged that on 25.04.2009 the Forest Guards informed the petitioners to appear but they did not turn up. The informant namely Dineshwar Singh, the Forest Guard has informed about the incident through his Office Report No.4208 dated 25.12.2008 in which he has submitted that about 80 decimals of land has been encroached upon by the accused/petitioners resulting in claim of damage of Rs.60,000/- by the Forest Department.
Learned Counsel for the petitioners submitted that nothing incriminating article has been recovered from possession of the petitioners to show their complicity in the present case. The allegation levelled in the F.I.R. is absolutely false and concocted as the petitioners have never encroached upon the government land. The alleged occurrence is said to have taken place in the year 2008 but the case was registered in the year 2015 which is barred by limitation.
Learned A.P.P. has opposed the prayer.
In the facts and circumstances of the case, the petitioners are directed to surrender before the court-below within two weeks from today and if they do so they will be released on bail on furnishing bail bond of Rs.10,000/- ( Ten thousand) each with two sureties of like amount each to the satisfaction of the Judicial Magistrate, Palamau at Daltonganj in connection with C.F. Case No. 226/2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.