Dhiraj Ganpat Dhumal v. State Of Maharashtra

909.aba.3585-22.doc Darshan Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3585 OF 2022 DHIRAJ GANPAT DHUMAL ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. S.R. Gupta for applicant.

Mr. N.B. Patil APP for State.

------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 23, 2022.

P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application for pre-arrest bail. The applicant is apprehending arrest in connection with C.R. No. II-605 of 2022 registered with Ambernath Police Station for the offence punishable under sections 268, 269. 270. 284 of the Indian Penal Code, 1860 and section 15 of the Environment Protection Act.

3.

It is alleged that the applicant is the owner of the tanker which was hired for discharging industrial waste in the treatment plant. Instead of discharging waste in the

909.aba.3585-22.doc treatment plant, the applicant was found discharging industrial waste in the Nala. The sample of the afnuent was taken from the drain and was sent for further investigation. The tanker of the applicant is already seized. However, considering the seriousness of the allegation in respect of environment and health this is not fit case to grant anticipatory bail. Merely because custodial interrogation is not required, is no ground to exercise discretion in favour of the applicant.

4.

The application is rejected.

(M. S. KARNIK, J.)