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Cites 4 docs
Section 438(2) in The Code Of Criminal Procedure, 1973
Section 43 in The Water (Prevention and Control of Pollution) Act, 1974
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 41 in The Water (Prevention and Control of Pollution) Act, 1974

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Jharkhand High Court
Chittaranjan Choudhary vs State Of Jharkhand on 17 November, 2011
     IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                 A.B.A. No. 2190 of 2011
                  Chittaranjan Choudhary       ...  ...  ...   Petitioner
                                         Versus
                  The State of Jharkhand       ...  ...  ... Opposite Party
                              ---
                  CORAM       : HON'BLE MRS. JUSTICE JAYA ROY

                        For the Petitioner      : Mrs. Lina Shakti, Advocate
                        For the State           : Mr. A.B. Mahto, A. P. P.


04/17.11.2011

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with the case registered under Sections 41 and 43 of the Water Prevention and Control of Pollution Act, 1974.

Learned counsel for the petitioner submits that the petitioner is the Deputy General Manager of SAIL. He has also submitted that a number of officers have already been granted anticipatory bail in other cases lodged by the pollution Board by this Court namely, Chandreshwar Prasad Sinha in A.B.A. No. 2513 of 2011 vide order dated 22.09.2011 and Jai Mangal Prasad in A.B.A. No. 2610 of 2011 vide order dated 23.09.2011.

Learned counsel for the petitioner further submits that Jharkhand Pollution Board have already given consent to operate the industrial plant with certain conditions, he has annexed the said letter dated 31.05.2011 in his supplementary affidavit as annexure-7.

Considering the facts and circumstances of the case, the petitioner, above named, is directed to surrender in the court below within a period of one month from the date of this order i.e. 17.11.2011 if he so surrenders, the trial Court is directed to release him on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad in connection with C.O. Case No. 41 of 2011, subject to the condition that both the bailors will officers of the SAIL and also subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Jaya Roy, J.) Satayendra