Orissa High Court
Seema Nayak vs State Of Odisha (O.P.I.D.) on 9 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3595 of 2021
Seema Nayak .... Petitioner
Miss Deepali Mahapatra,
Advocate
-versus-
State of Odisha (O.P.I.D.) .... Opp. Party
Mr. J.P. Patra
Special Counsel, OPID
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.11.2021
11. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
Heard Miss Deepali Mahapatra, learned counsel
for the petitioner and Mr. J.P. Patra, learned Special
Counsel for the State of Odisha in O.P.I.D. Act matter.
This is an application under Section 439 Cr.P.C. in
connection with C.T. Case No.20 of 2018 arising out of
E.O.W. Bhubaneswar P.S. Case No.28 of 2018 pending
in the Court of learned Presiding Officer, Designated
Court under O.P.I.D. Act, Cuttack for offences
punishable under sections 420/406/467/468/471/120-
B of the Indian Penal Code read with section 6 of the
O.P.I.D. Act.
// 2 //
The petitioner moved an application for bail
before the learned Presiding Officer, Designated Court
under O.P.I.D. Act, Cuttack which was rejected on
26.04.2021.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 13.04.2021
and as per the prosecution case, a sum of
Rs.37,89,550/- (rupees thirty seven lakhs eighty nine
thousand five hundred fifty) was transferred to the
four accounts of the petitioner, who was the Director
of Shreya Infrastructures Services Pvt. Ltd. and the
some of the co-accused persons have been released
on bail and the petitioner is a lady and therefore,
keeping in view the proviso to section 437(1) of
Cr.P.C., the bail application of the petitioner may be
favourably considered.
As per the order dated 05.10.2021, learned
counsel for the petitioner has filed an affidavit wherein
it is mentioned that the petitioner is ready and willing
to deposit Rs.5,00,000/- (rupees five lakhs) cash
security at the time of release on bail but nothing has
been stated about the balance amount of
Rs.32,89,550/- (rupees thirty two lakhs eighty nine
thousand five hundred fifty).
Mr. J.P. Patra, learned Special Counsel appearing
for the State of Odisha in O.P.I.D. Act matter opposed
the prayer for bail.
// 3 //
Considering the submissions made by the learned
counsel for the respective parties, the nature of
accusation against the petitioner, the period of
detention of the petitioner in judicial custody, the
amount involved so far as the petitioner is concerned
and keeping in view the proviso to section 437(1) of
Cr.P.C., 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 conditions that the petitioner shall
furnish cash security of Rs.5,00,000/- (rupees five
lakhs only) at the time of her release on bail and so
far as the balance amount of Rs.32,89,550/- (rupees
thirty two lakh eighty nine thousand five hundred fifty)
is concerned, she shall give an undertaking before the
learned Court below to deposit the same in eleven
monthly installments, out of which the ten equal
monthly installments of deposit would be a sum of
Rs.3,00,000/- (rupees three lakhs) each and that in
the eleven monthly installment, the petitioner shall
deposit the rest of the amount and the deposit of the
first installment of Rs.3,00,000/- (rupees three lakhs)
on each month shall be within the first week of
// 4 //
succeeding month of her 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. If the petitioner
fails to deposit any of the installments in time, the
learned Court in seisin over the matter would be at
liberty to cancel the order of bail and take the
petitioner in judicial custody. The petitioner shall not
try to tamper with the prosecution evidence.
Accordingly, the BLAPL is disposed of.
Violation of any terms and conditions shall entail
cancellation of bail.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
