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Cites 6 docs - [View All]
Section 21 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 379 in The Indian Penal Code
Section 33 in The Indian Forest Act, 1927
Section 438(2) in The Code Of Criminal Procedure, 1973
Section 34 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Jharkhand High Court
Babloo Singh vs The State Of Jharkhand on 22 February, 2018
            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        A.B.A. No. 6633 of 2017
     1. Babloo Singh
     2. Alamgir Ansari
     3. Vijendra Vishwakarma @ Vijendra Sharma @ Vijendra Vishwakarma
     4. Manoj Singh                                             ...... Petitioner
                             Versus
     The State of Jharkhand                          ...... Opposite Party
                            -----
     CORAM:       HON'BLE MR. JUSTICE ANANT BIJAY SINGH
                            -----
     For the Petitioner           : Mr. Jitendra S.Singh, Advocate
     For the State                : A.P.P
                            -----
     07/Dated: 22/02/2018

The petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 35/2017, corresponding to G.R. No. 1611/2017, the case registered under Sections 379 of the Indian Penal Code, section 2 of Forest Conversation Act, section 33 of Indian Forest Act, section 6 of Factory Act, section 34, 21,22 of Pollution Control Act and section 4/54 of JMM Act.

It appears that under dated 06.12.2017, learned Addl.P.P. was directed file specific affidavit stating as to whether after 05.07.2013, petitioners were found illegally operating the crusher after breaking the seal or not.

Today, a counter affidavit has been filed by the Addl.P.P., wherein at para-3, it is stated that the alleged crusher was found in running condition, but nothing has been mentioned regarding breaking of seal.

Considering the fact and circumstances of the case, the above named petitioners are directed to surrender in the Court below within Four Weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners, on bail, on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)each with two sureties of the like amount each to the satisfaction of CJM, Palamau , in connection with Pipra P.S. Case No. 35/2017, corresponding to G.R. No. 1611/2017,, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the further condition that petitioners shall deposit Rs. 4000/- each in the court below on or before their date of surrender.

The aforesaid deposit will not prejudice the case of the petitioners and shall be subject to the final result of the case.

( Anant Bijay Singh, J.) Raman/