Mamtaj Moharana vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 1454 Ori

Orissa High Court

Mamtaj Moharana vs State Of Odisha .... Opposite Party on 18 July, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                            ABLAPL No.5642 of 2022

       Mamtaj Moharana                  ....           Petitioner
                                           Mr. N. Lenka, Advocate


                                -versus-

       State of Odisha                  ....      Opposite Party

                                             Mr. S.Panigrahi, ASC
                       CORAM: JUSTICE V. NARASINGH
                                    ORDER

18.07.2025 Order No.

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

2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.346 of 2022 pending in the Court of learned SDJM, Baripada, arising out of Badasahi P.S. Case No.115 of 2022 for commission of offence punishable under Sections 379/411 of IPC and Rule 51 of OMMC Rules, Sections 41,42 & 43 of Water Prevention & Control Pollution Act, Section 38/39 of Air Prevention & Control Pollution Act and Section 18 of OMPTS Act.

3. It is submitted by the learned counsel that the allegations against the Petitioner is that while acting in her official capacity, she granted lease even after the expiry of the term of the lease.

4. It is submitted by the learned counsel, on instruction, that such lease was granted before the Petitioner joined as Tahasildar, Badasahi.

5. In this context, the attention of this Court is drawn to the affidavit which is on record indicating that the Petitioner was initially placed on suspension and thereafter was reinstated and in the Departmental Proceeding she was exonerated. Since the Disciplinary Authority has directed for de novo enquiry, assailing the same, the Petitioner filed W.P(C) No.970 of 2025 and this Court, by order dated 29.01.2025, has directed no further action shall be taken in the de novo enquiry.

6. In such background, learned counsel for the Petitioner submits that custodial interrogation of the Petitioner is not necessary.

7. Taking into account the latest judgment of the Apex Court in case of Satender Kumar Antil Vrs. Central Bureau of Investigation & another, 2023 SCC Online SC 452, indicating the parameters for considering an application for anticipatory bail, it is directed that in the event of arrest of the Petitioner in connection with the aforesaid case, she shall be released on bail by the Arresting Officer on such terms and conditions deemed just and proper with further conditions that she will cooperate with the investigation.

8. Violation of any of the above condition(s) shall entail cancellation of the bail.

9. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 18-Jul-2025 19:18:51