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Bombay High Court

SAKHARAM KRUSHNA SHEDGEversusSTATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The High Court confirmed and made absolute the earlier order granting anticipatory bail to the applicant.

Summary

The applicant, owner of a truck, was found transporting wooden logs exceeding the permitted quantity, bearing a forest department seal, and was charged under several provisions of the Indian Forest Act, 1927 and Maharashtra Forest Rules, 2014. He applied for anticipatory bail, arguing that his role was limited to transportation and that custodial interrogation was unnecessary. The State opposed, citing the applicant's antecedents, but later agreed that custodial interrogation was not required. The trial court had granted interim bail with conditions, and the High Court, upon hearing both sides, confirmed and made absolute the anticipatory bail order. The court directed the applicant to cooperate with the investigation and upheld the bail conditions, disposing of the application.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under the forest offences.
  • Whether custodial interrogation of the applicant is necessary for the investigation.
  • Whether the applicant's role as a transporter justifies pre‑arrest bail.

Legislation cited

Subjects

  • anticipatory bail
  • forest law
  • illegal timber transport
  • Indian Forest Act
  • Maharashtra Forest Rules
  • pre‑arrest bail
  • custodial interrogation

Judgment

                                                                                  32 - ABA - 2703 - 2023.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                       CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:06:08 +0530             CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2703 OF 2023

                      Sakharam Krushna Shedge                              … Applicant
                                  V/s.
                      State of Maharashtra                                 … Respondent

                      Mr. Jayant Bardeskar (through V.C.) for the Applicant.
                      Ms. S. N. Deshmukh, APP for the State.
                      Mr. Sachin Sawant, Range Forest Officer, Aajra is present.



                                                      CORAM          : ASHWIN D. BHOBE, J.

                                                      DATED          : SEPTEMBER 22, 2026


                      P.C.:


                      1.      Heard Mr. Jayant Bardeskar, learned Advocate for the Applicant,

                      and Ms. S. N. Deshmukh, learned APP for the State.


                      2.      On 26th September 2023, the following order was passed:


                                   “1.    Heard the learned Counsel for the parties.

                                   2.      This is an application for pre-arrest bail in connection with
                                   C.R.No.2 of 2023 registered with Gadhinglaj Forest Department for
                                   the offences punishable under Sections 41, 63(A), 65(A) and 69 of
                                   Indian Forest Act, 1927 and 31, 47, 49 and 82 of Maharashtra Forest
                                   Rules, 2014.

                                   3.     The applicant is an owner of the Truck bearing registration
                                   No.MH-04-Bu-0181 wherein wooden logs in excess of the permit were
                                   found to be transported. It further transpired that those wooden logs
                                   were also bearing the seal of Forest Department SADG-6.

                                   4.     The learned Counsel for the Applicant submitted that the role
                                   of the applicant was that of transportation of the wooden logs. The




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                                                            32 - ABA - 2703 - 2023.docx


            vehicle has been seized and the driver and cleaner of the truck were
            arrested and have since been released on bail.

            5.      In the backdrop of the nature of the accusation and the role
            attributed to the applicant, prima facie, the custodial interrogation of
            the applicant does not seem to be warranted for further investigation.

            6.     The learned APP, however, submits that the learned Additional
            Sessions Judge had adverted to the antecedents of the applicant.

            7.      In view of the above, I am inclined to grant interim protection
            to the applicant.

            8.     Hence, the following order :

                                            ORDER

            (i)     In the event of the arrest of the Applicant – Sakharam Krushna
            Shedge in connection with C.R.No.2 of 2023 registered with
            Gadhinglaj Forest Department, the Applicant be released on bail on
            furnishing a PR bond in the sum of Rs.30,000/- with one or two
            sureties in the like amount.

            (ii)   The Applicant shall co-operate with the investigation and
            report to Gadhinglaj Forest Department on 11, 12 and 13 October
            2023.

            (iii)  The Applicant shall not tamper with the prosecution evidence
            and/or give threat or inducement to any of the prosecution witnesses
            and the persons acquainted with the facts of the case.

            (iv)   Stand over to 25 October 2023.”

3.    Mr. Jayant Bardeskar, learned Advocate for the Applicant, states

that the Applicant has appeared before the Investigating Officer and

cooperated with the investigation in Crime No. 2 of 2023.


4.    Ms. S. N. Deshmukh, learned APP for the State, on instructions

from the Investigating Officer, states that the Applicant has indeed

appeared and cooperated with the investigation, the charge-sheet has

been filed and the matter is proceeding before the Judicial Magistrate

First Class. She submits that the custodial interrogation of the Applicant




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                                                    32 - ABA - 2703 - 2023.docx


is not required in Crime No. 2 of 2023.


5.    In view of the statement made by Ms. S. N. Deshmukh, learned

APP for the State, that custodial interrogation of the Applicant is not

required in Crime No.2 of 2023, the order dated 26th September 2023

is confirmed and made absolute in terms of paragraph No. 8(i) and (ii).


6.    Anticipatory Bail Application No. 2703 of 2023 stands allowed

and disposed of.



                                          (ASHWIN D. BHOBE, J.)




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