Somanath Muduli vs State Of Odisha .... Opp. Party on 11 April, 2023

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Orissa High Court

Somanath Muduli vs State Of Odisha .... Opp. Party on 11 April, 2023

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.3214 of 2023

                Somanath Muduli                       ....           Petitioner
                                            Mr. Bijay Kumar Behera, Advocate

                                            -versus-

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



                         CORAM:
                         JUSTICE CHITTARANJAN DASH
                                             ORDER

Order No. 11.04.2023

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

2. By means of this application, the Petitioner seeks grant of bail under Section 438, CrPC in anticipation of arrest for his alleged involvement in the offence under Sections 379/34 of IPC, Section 12 of Orissa Mines and Minerals (Prevention of Theft Smuggling Activities) Act, 1989 and Section 51 of Orissa Minor Minerals Concession Rules, 2004 in connection with Jankia PS Case No.33 of 2023 corresponding to GR Case No.97 of 2023 pending in the court of learned SDJM, Khurda.

3. It is alleged that the vehicle of the Petitioner was allegedly involved in the crime for cutting of the laterite stone.

4. Learned counsel for the Petitioner submits that the present Petitioner is the owner vehicle allegedly involved in the crime.

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5. 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 moves for bail, shall be admitted on such terms and conditions as would be deemed just and proper, so also the condition that the Petitioner shall tender an undertaking that he shall not engage his vehicle in carrying / transporting any articles including stone in any manner without proper documentation subject to deposit of Rs.7000/- (Rupees Seven Thousand) in the manner to be directed by the court to its satisfaction with the following further conditions:-

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

(ii) he 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.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge AKPradhan Page 2 of 2

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