Orissa High Court
Kishore Kumar Sinha vs State Of Odisha on 21 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4551 of 2021
Kishore Kumar Sinha .... Petitioner
Mr. Manas Chand, Advocate
-versus-
State of Odisha .... Opp. Parties
Mr.J.P. Patra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
21.12.2021
07. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
As per the order dated 15.12.2021, learned counsel
for the State produced a list dated 20.12.2021 furnished
by the Inspector-in-charge of Badambadi police station
which indicates the names of the investors as well as the
amount invested by each of them. The same be taken on
record.
A copy of the list has also been furnished to the
learned counsel for the petitioner.
Mr. Manas Chand, learned counsel appearing for
the petitioner submitted that though in the list, the
amount invested by different investors have been shown
but some of the investors have got refund of certain
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amount which has not been reflected therein and such
amount would be around rupees four lakhs.
Mr. Patra, learned counsel for the State fairly
submitted that the 161 Cr.P.C. statements of some
witnesses also indicate that they have got back certain
amount.
Perused the affidavit filed by the brother of the
petitioner which is dated 14.12.2021.
Considering the submission made by the learned
counsel for the respective parties, the amount involved in
the case and the amount refunded to some of the
investors and 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
with further terms and conditions as the learned
Court may deem just and proper with further
condition that the petitioner shall appear before the
learned trial Court on each date when the case would
be posted for trial and the petitioner shall furnish
cash security of Rs.5,00,000/- (rupees five Lakhs
only) at the time of his release on bail and so far as
the balance amount to the tune of Rs.21,00,000/-
(Rupees twenty one lakhs) is concerned, he shall
give an undertaking to deposit the same in seven
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equal monthly installments and the first installment
shall commence a month after his release on bail.
The deposit be made within 1st week of every month.
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., 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
