Punjab-Haryana High Court
Surender Seth And Others vs State Of Haryana And Another on 11 October, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
Crl.Misc. No. M-30833 of 2013 (O&M)
Date of Decision: October 11, 2013.
Surender Seth and others
...... PETITIONER(s)
Versus
State of Haryana and another
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Sourabh Goel, Advocate
for the petitioners.
Mr. Pawan Singh, D.A.G. Haryana.
*****
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in complaint No.3/2013 dated 17.01.2013 under Sections 15/16 read with Section 19 of the Environment Protection Act, 1986 filed by respondent No.2 in the Court of learned Special Magistrate, Environment Court, Faridabad.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Faridabad dismissing anticipatory bail application filed on behalf of the petitioners.
Mehta Sachin 2013.10.14 13:52 I attest to the accuracy and integrity of this document CHANDIGARH CRM No.M-30833 of 2013 2This Court while issuing notice of motion on 16.09.2013 passed the following order:-
"Contends that petitioners applied for environment clearance to respondent no.2-complainant, i.e., Harayana State Pollution Control Board, on 5.7.2010 vide application dated 1.7.2010. Further contends that the said application was placed before the State Expert Appraisal Committee on 25.10.2010 which gave its recommendation for granting environment clearance on 23/24.2.2011, i.e., after delay of about 233 days. Further contends that however as per law the said application was to be disposed of within a period of 105 days from the date of submitting of the application failing which environment clearance was deemed to have been granted as per Rule 8(iii) of the Notification dated 14.9.2006, Annexure P2, issued under the Act. Hence, it is contended that in the case of petitioners, the environment clearance was deemed to have been granted by the Board and hence petitioners started the work and hence no offence can be said to have been committed by the petitioners. Further submitted that however petitioners are ready to appear before learned trial Court in pursuance of the summoning order 15.7.2013.
Notice of motion for 11.10.2013.
In the meantime, petitioners are directed to surrender before learned trial Court within two weeks from today and if they so surrender and apply for regular bail, learned trial Court is directed to admit them to interim bail subject to any conditions that may deem to be imposed by it."
It has been contended by learned counsel for the petitioners that they have already appeared before learned trial Court and admitted to interim bail. He has also placed on record copy of order dated Mehta Sachin 2013.10.14 13:52 I attest to the accuracy and integrity of this document CHANDIGARH CRM No.M-30833 of 2013 3 25.09.2013 passed by Presiding Officer, Special Environment Court, Faridabad, which is taken on record.
This fact has not been disputed by learned counsel for the respondent-State.
Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioners Surender Seth, Amit Seth and Ashish Seth is accepted and order dated 16.09.2013 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of any conditions that may deem to be imposed by learned trial Court.
The present petition stands disposed of accordingly.
( RAM CHAND GUPTA ) October 11, 2013. JUDGE Sachin M. Mehta Sachin 2013.10.14 13:52 I attest to the accuracy and integrity of this document CHANDIGARH