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Orissa High CourtABLAPL/824/2022allowed

Anisuddin Sha v. State Of Odisha

2022-02-03Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 824 of 2022

1. Anisuddin Sha

2. Idu Sha ....

Petitioners Mr. P.R. Chhatoi, Advocate -versusState of Odisha ....

Opp. Party Mr. Deepak Ranjan Parida, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

03.02.2022 01.

This matter is taken up through Video Conferencing Mode.

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

This is an application under section 438 of Cr.P.C.

for grant of anticipatory bail to the petitioners in connection with Khordha Sadar P.S. Case No.09 of 2022 corresponding to G.R. Case No.93 of 2022 pending in the Court of learned S.D.J.M., Khordha for alleged commission of offences under sections 379/411/34 of the Indian Penal Code and 51 of the Odisha Minor Mineral Concession

// 2 // Rules, 2016.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioners that the petitioner no.1 is the son of petitioner no.2 and petitioner no.2 is the owner of the offending truck in which laterite stones were being illegally transported and the offences are triable by Magistrate and after hearing the learned counsel for the State, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O.

as and when required and they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the investigating Officer. Violation of any of the conditions shall entail cancellation of bail. The ABLAPL is accordingly disposed of.

// 3 // Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. p ( S.K. Sahoo) Judge