Allowed

Gautam Shyamsundar Lath v. the State of Maharashtra

Bombay HC19 Jul 2021ABA/1514/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application regarding offenses under the Environment Protection Act, 1986 for unauthorized construction damaging mangroves, the court granted bail noting the applicant's lack of current involvement and cooperation with police.

What did the court decide?

Released on bail on furnishing PR bond of Rs.30,000/- with one or two sureties in the like amount.

Gautam Shyamsundar Lath Vs the State of Maharashtra — Environment and Pollution | Bombay HC (2021)

¶1

 : 1 : 31.ABA-1514-21.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

ANTICIPATORY BAIL APPLICATION NO.1514 OF 2021

¶4

Gautam Shyamsundar Lath.... Applicant
 Versus
The State of Maharashtra.... Respondent

¶5

Mr. Raviraj R. Paramane, Advocate for the Applicant.
Mr. H.J. Dedhia, APP for the Respondent-State.

¶6

CORAM : SARANG V. KOTWAL, J. DATE : 19^th JULY, 2021 [Through Video Conferencing]

¶7

P.C. :

¶8

1.The Applicant is apprehending arrest in connection

¶9

with C.R. No.II-475/2021 registered with Mumbra police

¶10

station, District-Thane for the offence punishable under
sections 15 and 19 of the Environment Protection Act, 1986.

¶11

2.The case of the prosecution is that there is

¶12

violation of the provisions of the Environment Protection Act
by unauthorized construction of chawl resulting in the damage
to mangroves. Panchnama in that regard was executed on 20th

¶13

April, 2021. FIR names one Jatashankar Yadav, Mr. Aditya
Goyel, Lata Goyel and applicant, as accused.

¶14

1 of 3

¶15

Deshmane (PS)

¶16

 : 2 : 31.ABA-1514-21.odt

¶17

3.The contention of the applicant is that only on

¶18

account of the power of attorney issued by Lata Goyal to the
applicant to perform certain legal affairs in the year September
2008, it is inferred that the applicant is involved in carrying
out the construction.

¶19

4.Learned counsel for the applicant submitted that
he is not concerned with the alleged offence. Power of
attorney was given to him in the year 2008. The applicant is
not connected with the owners of the land at the moment. He
has resigned from the company of the accused and the power
of attorney was cancelled. He is also not connected with
causing damage to mangroves.

¶20

5.Learned APP, on instructions, concurs with the
submission made by learned counsel for the applicant. He
submitted that the applicant has attended the police station
and has cooperated with the investigation.

¶21

6.In this view of the matter, the applicant can be
protected by an order of anticipatory bail. Hence, the
following order :

¶22

2 of 3

¶23

 31.ABA-1514-21.odt

¶24

 : 3 :

¶25

ORDER

¶26

(i)In the event of his arrest in connection with
C.R. No.II-475/2021 registered with
Mumbra police station, District-Thane , the
applicant is directed to be released on bail
on his furnishing PR bond in the sum of
Rs.30,000/- (Rupees Thirty Thousand Only)
with one or two sureties in the like amount.
(ii)Anticipatory Bail Application stands
disposed of accordingly.

¶27

(SARANG V. KOTWAL, J.)

¶28

Deshmane (PS)

¶29

3 of 3

Gautam Shyamsundar Lath v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Gautam Shyamsundar Lath v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Murukraj Unnikrishnan Nair Vs the State of Maharashtra

Pravin Sudam Nikalje and Anr. Vs the State of Maharashtra

Nasir Ahmed Kaleemi Vs the State of Maharashtra

Wahid Muqhtar Shaikh @ Shaikh Vahid Ahmed Mukhtar Ahmed Vs the State of Maharashtra and Anr.

Vishwas David Valvi Vs the State of Maharashtra

Shreeram Agarwal S/O. Keshavdev Agarwal Vs the State of Maharashtra