Niwas Kumar Jain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1522 of 2021 Niwas Kumar Jain ....

Petitioner Mr.Dayananda Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

09.03.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Kantabanji P.S. Case No.22 of 2021 corresponding to G.R. Case No.51 of 2021 pending in the Court of learned J.M.F.C., Kantabanji for alleged commission of offence under section 420 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner was proprietor of M/s. Liluram Rice Mill, Kukudahad. The case was instituted on

// 2 // account of shortage of paddy and rice from the mill of the petitioner during the KMS 2020-21. It is further submitted that in the meantime, the petitioner has cleared the delivery of shortage quantity of paddy in terms of rice and also shortage quantity of rice in RMC Kantabanji Depot and to that effect he has produced a letter dated 04.10.2021 of the District Manager, OSCSC Ltd., Balangir which is taken on record.

Considering the nature of accusation against the petitioner and the offence is triable by Magistrate and on hearing the learned counsel for the State, the interim order dated 04.03.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P