Disposed

Chunu @ Nutan Mohapatra v. State of Odisha

Orissa HC10 Sept 2024BLAPL/8372/2024

Case brief

AI extract

What is this about?

Bail application under Sections 272/273/34 IPC and Section 52(a)(i) of the Odisha Excise Act over alleged manufacture of 1500 litres of illicit liquor. The court, without examining merits, granted bail subject to conditions including planting 100 saplings and weekly police-station appearances.

What did the court decide?

Petitioner released on bail in G.R. Case No. 327 of 2024 with stringent conditions including tree plantation and weekly police appearances.

Chunu @ Nutan Mohapatra Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.8372 of 2024

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Chunu @ Nutan Mohapatra …. Petitioners Mr. Jugal Kishore Panda, Adv.

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-versus-

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…. State of Odisha Opposite Party Mr. G.R. Mohapatra, ASC

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CORAM:

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DR.JUSTICE S.K. PANIGRAHI

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Order ORDER No. 10.09.2024

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No.

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F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
227	11.05.2024	Parjanga	Parjanga P.S. Case No. 227 of 2024 corresponding to G.R. Case No. 327 of 2024 pending in the Court of the learned J.M.F.C., Parjanga, Dhenkanal,	Sections 272/273/34 of IPC read with Section 52(a)(i) of Odisha Excise Act.

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1 . This matter is taken up through hybrid arrangement.

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2 . Heard learned counsel for the Petitioner and learned Signature Not Verified

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counsel for the State.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 10-Sep-2024 18:35:20

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Page 1 of 4

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3 . The Petitioner being in custody in connection with G.R. Case No. 327 of 2024 arising out of Parjanga P.S. Case No. 227 of 2024 pending in the Court of learned J.M.F.C., Parjanga, Dhenkanal, registered for the alleged commission of offence under Sections 272/273/34 of IPC read with Section 52(a)(i) of Odisha Excise Act, has filed this petition for his release on bail.

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4 . The brief facts of the case are that on 11.05.2024 while the informant along with the patrolling party performing the patrolling and Excise raid duty at Kanakadasoda and Ambapalash area at about 05.00 AM received information from a reliable source that the accused and some other persons were preparing country made I/D liquor inside the jungle of village Ambapalash. Immediately, the informant along with the patrolling party at about 05.30 AM rushed to the spot and saw the accused and others were preparing country made I/D liquor inside the jungle. Then they cordon the area and conducted raid and apprehended two persons among them. However, the accused and others were able to escape from the clutch. During search at the spot, they found 30 number of blue colour plastic jerkin. Each jerkin of 50 liters contained 50 ltrs of fresh manufactured ID liquor in total 1500 liters.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 10-Sep-2024 18:35:20

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Page 2 of 4

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5 . Learned counsel for the Petitioner submits that the Petitioner has been languishing in custody since 05.08.2024. The Petitioner has been falsely implicated in this case. Hence, he submits that the Petitioner may be released on bail.

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6. Learned counsel for the State vehemently opposes the bail prayer of the Petitioners.

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Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

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i. the Petitioner, after the onset of monsoon, shall plant 100 saplings of local varieties like mango, neem, tamarind etc., around his village on Government land/community land/private land, if it is in the possession of the Petitioner or his family members. In case of unavailability of land the Revenue Authority shall assist to indentify the land for plantation.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 10-Sep-2024 18:35:20

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ii. the Petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 PM.

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Page 3 of 4

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iii. the Petitioner shall not indulge himself in any criminal activities in future.

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v. the Petitioner shall not tamper the evidence of

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the prosecution evidence in any manner;

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Violation of the above conditions shall entail the cancellation of the bail.

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The I.I.C. of the concerned Police Station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings or not.

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It is further made clear that the Petitioner shall file an affidavit after the plantation of the saplings before the local Police Station, assuring that he shall maintain those saplings for two years.

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The District Nursery/D.F.O. shall extend a helping hand by supplying the saplings to the Petitioner.

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The BLAPL is accordingly disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Murmu

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Digitally Signed

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Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 10-Sep-2024 18:35:20

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Page 4 of 4

Chunu @ Nutan Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chunu @ Nutan Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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