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Cites 5 docs
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 37 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 38 in The Water (Prevention and Control of Pollution) Act, 1974
Section 44 in The Water (Prevention and Control of Pollution) Act, 1974
Section 438(2) in The Code Of Criminal Procedure, 1973

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Jharkhand High Court
John Hansda vs The State Of Jharkhand on 4 December, 2014
          IN      THE      HIGH    COURT         OF    JHARKHAND      AT RANCHI
                                 A. B. A. No. 2796 of 2014
          John Hansda                                   ...... ...   Petitioner
                                      Versus
          The State of Jharkhand                           ..... ...   Opposite Party
                                   --------
                 CORAM       :     HON'BLE MR. JUSTICE H. C. MISHRA
                                   ------
          For the Petitioner       :        Mr. Md. Asadul Haque, Advocate
          For the State            :        A.P.P.
                                      ------

6/ 04.12.2014

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

The petitioner is apprehending his arrest in connection with O.C.R. Case No. 37 of 2014, for the alleged offences under Section 37 of Air (Prevention and Control) Pollution Act and Sections 38 and 44 of the Water (Prevention and Control of Pollution) Act.

There is allegation against the petitioner to have established his crushing plant without obtaining 'No Objection Certificate' from the Pollution Control Board.

It is submitted by learned counsel for the petitioner that the petitioner has applied for 'No Objection Certificate' within the prescribed time and 'No Objection Certificate' has since been granted to the petitioner on 29.9.2014, which has been brought on record by way of supplementary affidavit.

In the facts of this case, I am inclined to grant anticipatory bail to petitioner, John Hansda. Accordingly, it is directed that in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Pakur, in connection with O.C.R. Case No. 37 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

( H. C. Mishra, J.) R.Kr.