Kapil Sharma gets bail in mangrove damage case

Mumbai: A sessions court in Dindoshi has granted anticipatory bail to stand-up comedian Kapil Sharma in two cases registered against him through a private complaint for allegedly carrying out development work without prior permission and damaging mangroves by dumping debris on them.

On the basis of a complaint the magistrate had directed an investigation into the allegations against Sharma. Following the court’s directions, the Versova police had last year registered a case under section 187 of the IPC with section 52 of Maharashtra Regional Town Planning (MRTP) Act and section 15 of the Environment Protection Act (EPA). The police registered a case under EPA too as allegations of damaging mangroves were also levelled against Sharma.

Sessions judge Dr F.M. Khwaja granted relief from arrest to Sharma in the case registered with Versova police station. The cases were registered on the complaint of one Santosh Dondkar. He had filed a private complaint in Andheri’s metropolitan magistrate court alleging that the actor had allegedly carried out some construction and development work without prior permission from the Brihanmumbai Municipal Corporation and also damaged mangroves by allegedly dumping debris on them.

On the basis of this complaint the magistrate had directed an investigation into the allegations made by Dondkar. Following the court’s direction, the Versova police had last year registered a case under section 187 of the IPC with section 52 of Maharashtra Regional Town Planning (MRTP) Act and section 15 of the Environment Protection Act (EPA). The police registered a case under EPA too as allegations of damaging mangroves were also levelled against Sharma.

However, Sharma through his lawyer refuted all the allegations and claimed before the sessions judge that he has carried out certain repairs and no unauthorised development has been carried out in contravention of MRTP Act. The actor also claimed that no mangroves have been damaged and applicant has been falsely implicated in the present case. Sharma also contended that no proper sanction was obtained under MRTP Act before lodging this prosecution against him.

Sharma’s lawyer argued that the comedian has not destroyed or removed the mangroves but had put only debris within 50 metres of the mangroves and prayed that he should be granted pre-arrest bail. The prosecution opposed the anticipatory bail plea saying that in contravention of the order of the high court, Sharma carried out illegal construction by putting debris within 50 metres of the mangroves. The prosecution also claimed that there is a possibility that Sharma could commit a similar offence. It sought rejection of the plea on the ground that investigation was in progress, hence, custodial interrogation was necessary.

Judge Khwaja in his order observed, “The applicant has already marked presence before the concerned police station and (has) further undertaken to co-operate with the investigation. Since no construction or development work is carried out within 50 metres of mangroves, there is no contravention of order of the high court.”