Orissa High Court
Sanjib Chhotray vs State Of Odisha .... Opp. Party on 10 March, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 1516 of 2023
Sanjib Chhotray .... Petitioner
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.03.2023
02. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 379/411/120-B/34 of IPC and Sections- 52(i) of Odisha Minor Mineral Concession Rules, 12 of Orissa Mines and Mineral (Prevention of Theft Smuggling Activities) Act, 3/4 of Explosive Substances Act.
3. 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 is at liberty to surrender before the learned S.D.J.M., Khurda in Khurda Sadar P.S. case No. 310 of 2022 corresponding to G.R. Case No. 2124 of 2022 within three // 2 // weeks from today and moves for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record in its own merit.
4. 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.
5. It is made clear that the learned court below shall not be influenced by any of the observations of this court made herein above in any manner. 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.
6. In any case, the court shall apply its own wisdom in dealing with the application for bail in allowing or rejecting it. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo Page 2 of 2