Akshaya Kumar Sahoo And vs State Of Odisha .... Opp. Party on 17 August, 2023

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Orissa High Court

Akshaya Kumar Sahoo And vs State Of Odisha .... Opp. Party on 17 August, 2023

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.6346 of 2023

               Akshaya Kumar Sahoo and                ....            Petitioners
               Others
                                                Mr. Biswajit Nayak, Advocate
                                           -versus-

               State of Odisha                        ....            Opp. Party
                                                             Mr. S. Patra, ASC

                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                             ORDER

Order No. 17.08.2023

02. 1. Heard the learned counsel for the Petitioners and the State.

2. By means of this application, the Petitioners seek grant of bail under Section 438, CrPC in anticipation of arrest for their alleged involvement in the offence under Sections 379/411/34 of IPC in 21 of OMMDR Act in connection with Jenapur PS Case No.137 of 2023 corresponding to GR Case No.926 of 2023 pending in the court of learned JMFC, Chandikhole.

3. It is alleged that the Tahasildar, Dharmasala sent a letter on 26.05.2023 to the Inspector-in-charge, Jenapur Police Station, requesting therein to register an FIR, wherein he has intimated that as per Tahasil level enforcement conducted on 07.04.2023, several Crusher units were found to have stocks of black stone against which they could not produce any transit pass for which they were notified for payment of royalty and penalty assessed but till 26.05.2023, they have neither deposited any imposed amount nor made any representation. He further intimated that from a recent Page 1 of 2 // 2 // enquiry conducted by the concerned Revenue Inspector, it was ascertained that the crusher units are still operational with the unauthorized materials.

4. Learned counsel for the Petitioners submits that they are the purchaser of the black stone.

5. In such view of the matter, this Court while not inclined to grant anticipatory bail, directs that in the event the Petitioners surrender before the court in seisin over the matter and moves for bail, shall be admitted on such terms and conditions as would be deemed just and proper, so also the condition that the Petitioners shall tender an undertaking that they shall not engage their vehicle in carrying / transporting any articles including stone in any manner without proper documentation subject to deposit of Rs.5000/- (Rupees Five Thousand) in the manner to be directed by the court to its satisfaction with the following further conditions:-

(i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required till the submission of final form;

(ii) they shall also appear before the trial court without fail unless exempted by the court and/or to consider the prayer U/s. 317 Cr.P.C.;

(iii) violation of any of the conditions shall entail cancellation of bail.

Signature Not Verified

6. The ABLAPL is disposed of.

Digitally Signed

Signed by: ANANTA KUMAR PRADHAN Designation: SR. STENOGRAPHER (Chittaranjan Dash) Reason: Authentication Location: HIGH COURT OF ORISSA Judge Date: 21-Aug-2023 10:45:14 AKPradhan Page 2 of 2

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