Sobani Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14808 of 2022 Sobani Sahoo ....

Petitioner Mr. Kartik Chandra Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.12.2022 02.

1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 379/411/34 of IPC and Section 51 of Orissa Minor Minerals Concession Rules, 2004.

3. Learned Counsel for the Petitioner submits that he is the owner of the vehicle involved in the theft of Minerals.

4. In such view of the matter, this Court while not inclined to grant anticipatory bail, directs that in the event the Petitioner surrenders before the court in seisin over the matter and move for bail, the learned court shall consider his application keeping in view the fact that there is no criminal antecedent stands to his credit and shall dispose of the bail application of the Petitioner on the same day if there be no legal impediment. In case the court intends to grant bail,

// 2 // shall do so on such terms and conditions as would be deemed just and proper, so also with the conditions that the Petitioner shall tender an undertaking that he shall not engage his vehicle in carrying/transporting any articles including stone/ minerals in any manner without proper documentation. Violation of the terms and conditions shall entail the bail automatically stands cancelled.

5. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan