Biranchi Narayan Nath vs State Of Odisha
2021 Latest Caselaw 11464 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          BLAPL No.2157 of 2021

              Biranchi Narayan Nath                ....          Petitioner

                                     Mr. S.R. Mulia, Advocate

                                        -versus-
              State of Odisha                      ....      Opp. Party

                                     Mr. Arupananda Das
                                     Addl. Government Advocate

                                      CORAM:

                              JUSTICE S.K. SAHOO
                                      ORDER

Order No. 09.11.2021

04. 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.141 of 2021 arising out of Dhenkanal Town P.S. Case No.60 of 2021 pending in the Court of learned S.D.J.M., Dhenkanal for offences punishable under sections 419/420/328 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge (Vigilance), Dhenkanal which was rejected on 01.03.2021.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 05.02.2021 and charge sheet has been // 2 //

submitted under sections 419/420/328 of the Indian Penal Code and after hearing the learned counsel for the State, who submitted that the cheating amount is Rs.80,000/- (rupees eighty thousand) and on going through the comprehensive affidavit filed by the learned counsel for the petitioner, 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 furnish cash security of Rs.80,000/- (rupees eighty thousand) at the time of 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.

The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

RKM