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Orissa High CourtCRLMC/2781/2022disposed off

Ajaya Kumar Jena@Ajay Jena v. State Of Odisha

2022-09-29Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2781 of 2022 Ajaya Kumar Jena @ Ajay Jena ....

Petitioner Mr. Sunil Kumar Panda, Advocate -VersusThe State of Odisha ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

29.09.2022 Order No.

01.

1.

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

2.

Learned counsel for the petitioner submits that petitioner is the driver of the vehicle, who was transporting iron at the relevant point of time and after alleged of transporting iron sold it to another accused but in the meantime, chargesheet is submitted against other co-accused persons and the learned court below has taken cognizance for the offences as per Annexure-2. It is further submitted that since the petitioner was a driver of the vehicle, recovery was made from another accused since already in the meantime he having been enlarged on bail by this Court's order dated 29th July, 2022 in BLAPL No.8559of 2022, at least a direction should be issued to his surrender and be allowed to go on bail subject to conditions as would be fixed by the trial court.

3.

Considering the materials available on record and despite a preliminary chargesheet has been filed, the Court directs the petitioner to surrender and move for bail before the learned J.M.F.C.(R), Rourkela on or before 20th October, 2022 in connection with G.R. Case No.114 of 2022 arising out of Brahmanitarang P.S. Case No.27 of 2022 and in such an event, he shall be released on bail subject to stringent conditions. 4.

Consequently CRLMC stands disposed of.

5.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge U.K.Sahoo