JUDGMENT

S. K. SAHOO, J. - “Earth provides enough to satisfy every man’s

need, but not every man’s greed.”

- Mahatma Gandhi

Richness of Odisha in mineral wealth is the divine blessings of Lord Jagannath who is the presiding deity of the State. The geographical setup of the State has gifted its huge treasure of bauxite, chrome, iron ore, coal, manganese to several mineral based industries which in turn have provided employment not only to the people of this land of biodiversity but also to the people residing beyond its territory and thereby developing their economic standard. Unfortunately some greedy high ups have exploited the mother earth for years together by extracting minerals for their personal benefits and some other equally greedy and corrupt public officials have facilitated such exploitation. Finally the authorities awoke from the deep slumber of Kumbhakarna to find that there has been loss of thousand of crores rupees to government exchequer.

2. The petitioner Manas Ranjan Mohanty was the Deputy Director of Mines, Joda from 07.07.2003 to 04.07.2005 presently under suspension and he is in jail custody since 27.06.2015 in connection with Balasore Vigilance P.S. Case No. 30 dated 27.07.2013 which corresponds to V.G.R. Case No. 05 of 2013 pending in the Court of learned Special Judge (Vigilance), Keonjhar in which charge sheet has been submitted against the petitioner and others under Sections 13(2) read with 13(1)(c)(d) of Prevention of Corruption Act, 1988 and Sections 420, 409, 379, 468, 411 read with Section 120-B of Indian Penal Code.

The petitioner has filed this application under Section 439 Cr.P.C. for bail as his prayer for grant of bail was turned down by the learned Special Judge (Vigilance), Keonjhar vide order dated 04.07.2015.

3. On 27.07.2013 Shri M. Radhakrishna, DSP, Vigilance Cell, Cuttack lodged the First Information Report before the Superintendent of Police, Vigilance, Balasore Division, Balasore stating therein that the State Vigilance conducted an inquiry relating to illegal mining and taking of minerals by Shri Bijay Kishore Mohanty, Mining Lease Holder of Uliburu Iron Ore Mines and his power of attorney holder Shri Deepak Gupta, Director of M/s. Snehapusph Marketing Pvt. Ltd. in the mining lease area of Shri Jagdish Mishra, Uliburu Reserve Forest Area and Revenue land of village Uliburu, Barbil in the district of Keonjhar.

It is stated in the FIR that mining lease in village Uliburu was granted by the Government of Orissa, Mining and Geology Department on 07.01.1982 in favour of Shri B.K. Mohanty for a period of twenty years and the mining lease deed was executed on 13.12.1983 which was valid upto 12.12.2003 and surface right for mining operation was obtained from the Collector, Keonjhar on 20.02.1984. Shri B.K.Mohanty though filed an application on 18.11.1999 to the Government of Odisha, Steel and Mines Department for surrendering his mining lease but on 14.05.2002 he submitted an application to withdraw his surrender application dated 18.11.1999 and to pass an order for reviving the lease. Again on 25.03.2003 Shri B.K. Mohanty submitted another application for surrendering the mining lease. He submitted an application for renewal of mining lease to the Government of Odisha, Steel and Mines Department through Collector, Keonjhar which was received in the office of the Collector, Keonjhar on 03.12.2003. Such an application for renewal was stated to be violating the provisions of Rule 24A (1) of the Mineral Concession Rules, 1960 (hereafter “1960 Rules”) as the same was not applied as required at least twelve months before the date on which the lease was due to expire i.e. on 12.12.2003.

It is the further case of the prosecution as per the First Information Report that pending grant of renewal of mining lease, Shri B.K.Mohanty executed a registered power of attorney on 29.12.2003 for mining and trading minerals of his mines in favour of M/s. Snehapusph Marketing Pvt. Ltd. through its Director Shri Deepa