Orissa High Court
ABLAPL/4634/2021 on 20 April, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
ABLAPL NO. 4634 OF 2021
02. 20.04.2021 Heard Mr. A.B. Parida, learned counsel for the
Petitioner and Mr. P.K. Maharaj, learned Addl. Standing
Counsel for the State.
This is an application under Section 438 Cr.P.C. for
grant of anticipatory bail to the Petitioner.
The Petitioner has been implicated for commission of
offence under Sections 379/465/468/420/34 of the I.P.C.
read with Section 51(1)(i) of OMMC Rules, 2016 in
connection with Rasgobindpur P.S. Case No.90 of 2021
corresponding to C.T. Case No. 785 of 2021 pending in the
court of learned S.D.J.M., Baripada.
Mr. Parida, learned counsel for the Petitioner submits
that stone has been transported by the Petitioner under a
valid transit permit. However, the Petitioner has already
deposited the fine amount with the Tahasildar,
Rasgobindapur for the alleged offence under Section
51(1)(i) of OMMC Rules, 2016.
Mr. Maharaj, learned Addl. Standing Counsel for the
State, on the other hand, submits that the Petitioner is a
habitual offender and is involved in such type of offence
regularly. As such, this application for anticipatory bail is
liable to be dismissed.
Taking into consideration the nature of allegation
made and the fact that the Petitioner has already deposited
the fine amount with the Tahasildar, Rasgobindpur for the
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alleged offence under Section 51(1)(i) of OMMC Rules,
2016, this Court is not inclined to grant anticipatory bail to
the Petitioner. However, it is directed that in the event the
Petitioner surrenders before learned S.D.J.M., Baripada in
connection with Rasgobindpur P.S. Case No.90 of 2021
corresponding to C.T. Case No. 785 of 2021 and moves an
application for bail within a period of two weeks hence
producing proof of deposit of the fine/penalty deposited with
the competent authority in connection with the aforesaid
offences, he shall be released on bail on such terms and
conditions as the learned Magistrate may deem just and
proper.
Accordingly, the ABLAPL is disposed of.
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a printout of the order available in the High Court's
website, at par with certified copy, subject to attestation by
the concerned Advocate, in the manner prescribed vide
Court's Notice No. 4587 dated 25th March, 2020 as modified
by Court's Notice No. 4798 dated 15th April, 2021.
.................................
K.R. Mohapatra, J.
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