Saroj Kumar Harichandan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8832 of 2022 Saroj Kumar Harichandan ....

Petitioner Mr. A.S. Paul, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.08.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.1147 of 2022, arising out of Khurda P.S. Case No.348 of 2022 pending in the court of learned S.D.J.M., Khurda for commission of offence punishable under Sections 379/120-B/34, I.P.C. read with Section 12 of Orissa Mines Minearls (Prevention of Theft & Smuggling Activities) Act, 1989 read with Section 51 of OMMC Rules, 2004.

5.

It is submitted by learned counsel for the petitioner that the petitioner is owner of the vehicle, which was used for laterite stones were carried unauthorizedly and he is not involved in the alleged

// 2 // crime. It is further submitted by learned counsel for the petitioner that the petitioner does not have any criminal antecedents of similar nature of offence.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether the petitioner has any criminal antecedents of similar nature. In the event it is found that the petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu