Dhanraj Yadorao Kapgate vs Forest Range Officer Nagzira ...
2022 Latest Caselaw 4184 Bom

                                                          1                            29.WP.199-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                    CRIMINAL WRIT PETITION NO. 199 OF 2022
                       ( Dhanraj Yadorao Kapgate
                                   Vs.
  Forest Range Officer, Nagzira Wildlife Century (Kosamtondi), Sakoli )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. Zahid Shekahni, Advocate for the Petitioner.
                                  Mr. S.S. Doifode, A.P.P. for the Respondent/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 20th APRIL, 2022.

Heard Mr. Shekahni, learned counsel for the petitioner and Mr. Doifode, learned APP for the respondent/State.

2. An undertaking in the form of affidavit has been placed on record today, whereby the petitioner has undertaken, that he will not engage in any kind of activities with the concerned trolley in the future, which would amount to an offence under Indian Forest Act or the Wild Life Protection Act. The undertaking is accepted as an undertaking to the Court. Since, the tractor has already been released by the impugned judgment, in view of the aforesaid undertaking, it is hereby directed, that the trolley be also released in the custody of the petitioner, on the same terms and conditions as are imposed by the learned DJ-1, Gondia, in the judgment 2 29.WP.199-2022.odt

dated 22.12.2021 while releasing the tractor.

3. It is made clear, that in case, the trolley is found to be used in any other offence, the respondent, shall have every right to apply for appropriate action in law.

4. The petition is allowed in the above terms. No costs.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:20.04.2022 16:45