BASANTSINGH TEKAM Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. Case diary perused. This is first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail, as he is under apprehension of his arrest in connection with Crime No.09/16, registered at Police Station Garhi, district Balaghat for commission of the offence punishable under Sections 420 of IPC and under Section 9 (1) of M.P. Adim Janjati Ka Sanrakshan (Vrikshon main Hit) Adhiniyam 1999.

(2.) Allegation against the applicant is that he has secured illegal benefit by selling trees which were cut illegaly. The trees were of ownership of tribal, namely Jatan Singh. The trees were cut illegally with the permission of the Collector.

(3.) Learned counsel for the applicant has contended that near about 1200 persons have been made accused in regard to illegal falling of trees which have taken place within a span of ten years. He further submits that permission from the revenue officer was taken and proper compensation was awarded to the owner of the trees. In a similar case other co - accused have been granted benefit of anticipatory bail in M.Cr.C. No. 6335 of 2016 vide order dated 18.4.2016 as under : -