Orissa High Court
Raghunath Behera vs State Of Odisha on 10 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 428 of 2021
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
05. 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 C.T. Case No.1274 of 2017
arising out of Mancheswar P.S. Case No.133 of 2017
pending in the Court of learned S.D.J.M.,
Bhubaneswar for offences punishable under sections
420/465/467/468/471/120-B of the Indian Penal
Code.
The petitioner moved an application for bail
before the Court of learned 5th Addl. Sessions Judge,
Bhubaneswar which was rejected on 18.12.2020.
Learned counsel for the petitioner submitted
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that the petitioner was taken on remand in this case
on 31.01.2020 and he has been charge sheeted
under sections 420/465/467/468/471/120-B of the
Indian Penal Code and the total amount of cheating
involved in this case as per the charge sheet is
Rs.18,00,000/- (Rupees Eighteen Lakhs). The father
of the petitioner has filed an affidavit indicating
therein that the petitioner is ready and willing to
deposit Rs.3,00,000/- (Rupees Three Lakhs 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 to 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
satisfaction of the Court in seisin over the matter
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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.3,00,000/- (rupees three lakhs) at the
time of his release on bail and so far as the balance
amount of Rs.15,00,000/- (Rupees Fifteen Lakhs) 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
S.D.J.M., Bhubaneswar 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
