Orissa High Court
Rudra Prasad Mohapatra vs State Of Odisha .... Opp. Party on 4 August, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6923 of 2023
Rudra Prasad Mohapatra .... Petitioners
Mr. A.S. Paul, Advocate
-versus-
State of Odisha .... Opp. Party
Mr.S. Patra, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 04.08.2023
01. 1. Heard learned counsel for the Petitioners and 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 U/s.379/411/34 IPC read with Section 51 of the OMMC Rules in connection with Khurda Sadar P.S. Case No.232 of 2022 corresponding to G.R. Case No.1918 of 2022 pending in the court of learned S.D.J.M., Khurda.
3. As it reveals from the F.I.R. that the vehicle in question was engaged in illegal transportation of laterite stones. The driver of the vehicle being nabbed from the spot disclosed that at the behest of the present Petitioners, he was loading the truck with laterite stone without having registration number of that vehicle. Further, the laterite stones were being extracted illegally from the quarry.
4. Having regard to the nature of allegation as emerged from the material on record, the circumstances appearing, the seriousness // 2 // and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioners are at liberty to surrender before the learned S.D.J.M., Khurda in the aforesaid G.R. case within three weeks' hence and move for bail, the learned court in seisin over the matter shall consider the bail application of the Petitioners in the first hour of the day subject to verification of criminal antecedent, strictly on the basis of the materials available on record on its own merit.
5. In case of rejection of the bail application by the learned court, the Petitioners 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 Petitioners on the same day, if there be no legal impediment on its own merit strictly on the basis of the material available on record.
6. Case diary be made available to the learned courts below as soon as possible to facilitate disposal of the bail application of the Petitioners on the same day.
7. The courts below shall apply their wisdom in allowing or rejecting the application keeping in view the gravity of the offences and severity of punishments.
8. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Signature Not Verified Judge Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Designation: Secretary Reason: Authentication Location: orissa high court Date: 07-Aug-2023 17:46:40 KC Bisoi Page 2 of 2