Anticipatory bail application rejected. Court held that sufficient material on record, including prior complaints, established sufficient ground for the applicant's involvement in the alleged crime of damaging mangroves.
Application for anticipatory bail stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BDP-SPS-TAC
BHARAT DASHARATH PANDIT
Digitally signed byBHARATDASHARATHPANDIT Date: 2021.10.2510:46:54 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2472 OF 2021
….Applicant.
JITENDRA RAMAKANT YADAV
V/s
THE STATE OF MAHARASHTRA
…..Respondent
Mr. Manish N. Jain a/w Ms. Shivani V. Dashi i/b S.M. Jain &
Associations for the Applicant.
Mr. A. R. Kapadnis, APP for the Respondent/State
CORAM: NITIN W. SAMBRE, J.
DATE: OCTOBER 22, 2021
P.C.:-
1]Applicant is seeking pre-arrest bail in C.R. No. 0876 of 2020
registered with Waliv Police Station, Vasai, Dist. Palghar for the
offence punishable under Sections 15 and 19 of the Environment
Protection Act 1986.
2] Prosecution case against the Applicant is, Applicant, a
Transporter, has dumped debris by reclaiming the land, thereby
causing damage to the mangroves.
1/3
3]Submissions of Counsel for the Applicant are, but for rest of the
co-accused are already ordered to be released on pre-arrest bail. He
would claim that accused No.1-Milind is a holder of large track of land
and his son Bhushan has entered into MOU dated 20th August, 2018
for consideration of Rs 47 lakhs and odd amount and agreed to
transfer certain land out of Survey No. 89. He claims that there exists
a dispute. As such, Applicant is falsely implicated.
4] Learned APP has opposed the prayer.
5] Considered submissions.
6]It appears that a specific complaint was made against the
Applicant way back in March, 2021 alleging that he is using his
transport vehicles for dumping debris in the land Survey No.85
wherein long track of land was reclaimed by him, damaging
mangroves. Revenue Authorities have carried out survey of the same,
drawn panchanama and a complaint came to be lodged. Not only after
registration of present offence, even prior to that also, there are
complaints against the Applicant of his aforesaid illegal activity.
2/3
7] In the aforesaid backdrop, since there is sufficient material available on record to infer involvement of the Applicant in the crime, no case for grant of pre-arrest bail is made out.8] Application stands rejected.(NITIN W. SAMBRE, J. )
3/3
1 issue framed by the court
Whether the applicant warrant bail while facing trial for environmental offences involving land reclamation and mangrove damage.
1 provisions across 1 enactments
Jitendra Ramakant Yadav
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court