Orissa High Court
Chandan Badajena vs State Of Odisha .... Opposite Party on 16 January, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.434 of 2022
Chandan Badajena .... Petitioner
Mr. Manas Kumar Chand, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. Debasis Biswal, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
16.01.2023 Order No.
01. 1. Heard the learned counsels for the Petitioner and the State.
2. By means of this application, the Petitioner seeks grant of bail U/s.438, Cr.P.C. in apprehension of arrest for his alleged involvement in the offence U/s. 379/411/34, I.P.C. and Section 51 of the OMMC Rules, 2004, in connection with Nirakarpur P.S. Case No.278 of 2022 corresponding to G.R. Case No.817 of 2022 pending in the court of learned J.M.F.C., Tangi.
3. It appears from the F.I.R. that the driver of the Tractor bearing Regd. No. OD 33 AC 2712 loaded with laterite stone disclosed that the laterite stones were being transported from the quarry of the present Petitioner. Learned counsel for the Petitioner simply denies the allegation, submitting further that there is no material to connect the present Petitioner with the alleged transportation of laterite stones. There is also no material to infer that the present Petitioner is the owner of the mines with or without lease.
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4. Under such eventuality, while this Court is not inclined to grant anticipatory bail, it is directed that the Petitioner, if so chooses, may surrender before the learned J.M.F.C., Tangi in the aforesaid G.R. Case during the first hour within three weeks from today and move for bail, the learned Magistrate shall consider the bail application of the Petitioner in the first hour of the day itself, strictly on the basis of the materials available on record.
5. In case of rejection of the bail application by the learned Magistrate, 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, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or even presuming it to be a direction in affirmative. However, this order is subject to verification of Criminal Antecedents, if any standing to the credit of the Petitioner.
6. Case Diary be transmitted and made available to the learned courts below, at the cost of the Petitioner, as far as possible, to facilitate disposal of the bail application of the Petitioner on the same day itself, if there be no legal impediment.
7. The ABLAPL is disposed of accordingly.
( Chittaranjan Dash ) Judge S.K.Parida Page 2 of 2