Orissa High Court
Sudhir Dhinda & Another vs State Of Odisha .... Opp. Party on 21 April, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 3517 of 2023
Sudhir Dhinda & another .... Petitioners
Mr. A.K. Das, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. S.R. Roul, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 21.04.2023
01. 1. Heard learned counsel for the Petitioners and for the State.
2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences under Sections 379/447/34 of IPC and Section-51(i) OMMC Rules.
3. It is submitted by the learned counsel for the Petitioners that Petitioner No.1, Sudhir Dhinda is the owner of the tractor involved in the alleged crime.
4. Considering the submission of the learned counsel for the Petitioners, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner No.1 Sudhir Dhinda surrenders and moves for bail in connection with Khurda Sadar P.S Case No. 101 of 2023 corresponding to G.R. Case No. 274 of 2023 pending in the court of learned S.D.J.M., Khurda within a period of three weeks hence, he // 2 // shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to cash deposit of Rs. 7,000/- (Rupees seven Thousand) only in the manner to be directed by the court to its satisfaction and production of valid registration certificate with further conditions as follows:-
(i) The Petitioner shall not engage his vehicle in carrying/transporting any articles including stone/ minerals in any manner without proper documentation;
(ii) shall appear in person before the learned court below on each date of posting of the case;
(iii) shall appear before the I.O. once in a week on such date and time to be fixed by the I.O concerned and shall cooperate with the investigation as and when required;
(iv) shall not tamper with the prosecution evidence in any manner whatsoever;
(v) shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail.
Violation of any of the conditions shall entail cancellation of bail.
5. So far as Petitioner No. 2 namely Arabinda Mohanty is concered, keeping in view the submission of the parties and 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 No.2 is at liberty to surrender before the learned S.D.J.M., Khurda in Khurda Sadar P.S. case No. 101 of 2023 corresponding to G.R Case No. 274 of 2023 within three weeks from today and moves for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner Page 2 of 3 // 3 // in the first hour of the day, strictly on the basis of the materials available on record in its own merit.
6. 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.
7. Case diary be made available to the learned courts below as far as possible to facilitate disposal of the bail application of the Petitioner preferably on the same day, if there be no other legal impediment.
8. In any case, the court shall apply its own wisdom in dealing with the application for bail in allowing or rejecting it.
9. It is made clear that the learned court below shall verify the criminal antecedent of the Petitioners. In case antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present.
10. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo Page 3 of 3