Orissa High Court
Patitapaban Barik vs State Of Odisha .... Opp. Parties on 10 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3265 of 2023
Patitapaban Barik .... Petitioner
Mr. Birendra Kumar Mahapatra,
Advocate
-versus-
State of Odisha .... Opp. Parties
Mr. S. Patra, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.05.2023
01. 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.379/447 of IPC and Section 21 of Mines and Minerals (Regulation of Development) in connection with Jankia PS Case No.75 of 2023 corresponding to GR Case No.218 of 2023 pending in the court of learned JMFC (Cogn.), Khurda.
3. It is alleged that the present Petitioner was illegally operating the laterite stone and moorum mining.
4. Keeping in view the fact and circumstances, having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned JMFC (Cogn.), Page 1 of 2 // 2 // Khurda in Jankia PS Case No.75 of 2023 corresponding to GR Case No.218 of 2023 within three weeks from today and move for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record in its own merit subject to verification of Criminal Antecedent in respect to him.
5. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on its own merit.
6. Case Diary be made available as per practice of the court to the learned courts below as soon as possible to facilitate disposal of the bail application of the Petitioner on the same.
7. It is further made clear that the order passed herein is not in affirmative. The court shall apply its own wisdom in dealing with the application for bail allowing or rejecting the same taking into account the gravity of offence and severity of punishment.
8. The ABLAPL is disposed of.
(Chittaranjan Dash)
Judge
AKPradhan
Digitally signed by ANANTA
ANANTA KUMAR KUMAR PRADHAN
PRADHAN Date: 2023.05.11 17:15:14
+05'30'
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