Orissa High Court
Raghunath Behera vs State Of Odisha on 10 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 3030 of 2020
Raghunath Behera .... Petitioner
Mr. R.K. Pattnaik, Advocate
-versus-
State of Odisha .... Opp. Party
Mr.A.K. Beura,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
10.08.2021
10. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. in connection with G.R. Case No.706 of 2019
arising out of Jagatpur P.S. Case No.159 of 2019
pending in the Court of learned J.M.F.C. (Rural),
Cuttack for offences punishable under sections
420/408 of the Indian Penal Code read with section
138 of the N.I. Act.
The petitioner moved an application for bail
before the Court of learned 2nd Addl. Sessions Judge,
Cuttack which was rejected on 27.02.2020.
Learned counsel for the petitioner submitted
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that the petitioner was taken on remand in this case
on 03.01.2020 and he has been charge sheeted
under sections 420/408 of the Indian Penal Code
read with section 138 of the N.I. Act and the total
amount of cheating involved in this case as per the
charge sheet is Rs.9,60,000/- (Rupees Nine Lakhs
sixty thousand only). The father of the petitioner has
filed an affidavit indicating therein that the petitioner
is ready and willing to deposit Rs.1,60,000/- (Rupees
One Lakh Sixty thousand only) before the learned
trial Court, at the time of his release on bail and the
balance amount shall be deposited in equal
installments.
Learned counsel for the State has no serious
objection the averments made in the affidavit as well
as the submission made by the learned counsel for
the petitioner.
Considering the submission made by the
learned counsel for the petitioner, the nature of
accusation against the petitioner and since the
offences are triable by Magistrate and taking into
account the period of detention of the petitioner in
judicial custody, I am inclined to release the
petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of
Rs.50,000.00 (rupees fifty thousand) with two local
solvent sureties each for the like amount to the
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satisfaction of the Court in seisin over the matter
with further terms and conditions as the learned
Court may deem just and proper with further
condition that the petitioner shall furnish cash
security of Rs.2,00,000/- (rupees Two Lakh) at the
time of his release on bail and so far as the balance
amount of Rs.7,60,000/- (Rupees Seven Lakhs Sixty
Thousand) is concerned, he shall give an undertaking
to deposit the same in five equal monthly installment
and the first installment shall commence a month
after his release on bail. The cash security, if
deposited, shall be kept in short term fixed deposit
scheme in any Nationalized Bank which shall be
renewed from time to time till conclusion of the trial
and its disbursement shall be subject to the
judgment of the learned trial Court and if the
petitioner fails to deposit any of the installment in
time, the learned J.M.F.C. (Rural), Cuttack is at
liberty to cancel the order of bail and take the
petitioner in judicial custody.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted
on proper application.
( S.K. Sahoo)
Judge
P
