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Judgment
Ram Chand Gupta, J.
Crl. M. No. 47068 of 2010
Application is allowed subject to all just exceptions.
Crl. M. No. M-26359 of 2010
The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No. 36, dated 23.8.2010, under Sections 353, 186 IPC, Section 19 of the Land (Suraksha) Act, 1900, and Sections 29, 33, 52, 64, 66 of the Indian Forest Act, registered at Police Station Nayagoan, District SAS Nagar, Mohali.
I have heard learned Counsel for the petitioners and have gone through the whole record carefully.
Brief allegations against the petitioners-accused are that they were trying to take away sand in a clandestine manner, which was allegedly obtained by them by illegal mining. They were apprehended by Sukhwinder Singh, Forest Range Officer, alongwith other Forest Officers. Petitioners-accused along with their companions started going with him in the said tractor trolly, in which sand was loaded. However, on the way, the sand was unloaded from the tractor trolly and when the complainant tried to stop them, he and the other Forest officers were assaulted by the petitioners and thereafter petitioners-accused alongwith their companions ran away with the tractor trolly.
It has been contended by learned Counsel for the petitioners that all the offences except offence punishable u/s 353 IPC are bailable one.
However, allegations against the petitioners-accused are serious in nature. They have been named in the FIR. They assaulted the Government officials, while they were performing their duties. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused.
Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioners-Gurmeet Singh alias Chintu and Manga Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.