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Orissa High CourtABLAPL/5240/2022disposed off

Nirmal Moharana v. State Of Odisha

2022-06-07Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 5240 OF 2022 Nirmal Moharana & Another .........

Petitioners Ms. Aditi Hota, Advocate -versusState of Odisha ............

Opposite Party Mr. J.P. Patra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

07.06.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No. 939 of 2022, arising out of Kaniha Case No. 104 of 2022 pending in the Court of learned S.D.J.M., Talcher for the alleged commission of offence punishable under Sections379/34 of the I.P.C. read with Section-12 of Orissa Mines & Minerals (Prevn. of theft Smugg. Activities) Act. 4.

Taking into account, the nature of allegation, it is directed that on surrendering within three weeks hence and moving for bail, the petitioners shall be released on bail. The

Learned Court in seisin over the matter to fix the terms and conditions as deemed just and proper.

5.

It is submitted by the learned Counsel for the petitioners that the petitioners have no criminal proclivity. While enlarging the petitioners on bail, the learned Court below shall verify such assertion. If it comes to the fore that the petitioners have any criminal antecedents, this order shall stand recalled automatically without any further reference to this Court.

6.

Accordingly, the ABLAPL stands disposed of.

7.

Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Balaram Vacation Judge