Orissa High Court
Pankajini Jena vs State Of Odisha on 7 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3486 of 2021
Pankajini Jena .... Petitioner
Mr. S.K. Patra, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Arupananda Das,
Addl. Government Advocate
Mr. P.S. Nayak, Advocate for
the informant
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 07.12.2022
I.A. No.1893 of 2022
13. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
This interim application has been filed by the
informant Santosh Kumar Sahoo for modification of the
order dated 29.06.2021 to the extent directing the
learned S.D.J.M. (Sadar), Cuttack to release a sum of
Rs.30,00,000/- (rupees thirty lakhs) in his favour.
Learned counsel for the informant submitted that
while directing the petitioner Pankajini Jena to be released
on bail, this Court, inter alia, imposed furnishing cash
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security of Rs.10,00,000/- (rupees ten lakhs) and to give
an undertaking to deposit the balance amount of
Rs.32,96,302/- (rupees thirty two lakhs ninety six
thousand three hundred two) in six installments with a
further direction that on deposit of the total amount of
Rs.42,96,302/- (rupees forty two lakhs ninety six
thousand three hundred two), a sum of Rs.30,00,000/-
(rupees thirty lakhs) which is not the disputed amount to
be released in favour of the informant after obtaining an
undertaking from him that in case the prosecution fails to
establish the charges against the petitioner during trial,
he shall deposit the said amount in the trial Court within
one week of pronouncement of the judgment of the trial
Court, which shall be refunded back to the petitioner and
the rest amount of Rs.12,96,302/- (rupees twelve lakhs
ninety six thousand three hundred two) shall be kept in
short term fixed deposit in any Nationalized Bank which
shall be renewed from time to time till conclusion of the
trial.
Learned counsel for the informant further submitted
that in pursuance of such order, the petitioner has already
deposited Rs.36,66,000/- (rupees thirty six lakhs sixty six
thousand) before the learned S.D.J.M. (Sadar), Cuttack
and when a petition was filed by the informant for release
of Rs.30,00,000/- (rupees thirty lakhs) in his favour, the
same was rejected as per the order dated 24.08.2022
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mainly on the ground that the accused had not deposited
the total amount of Rs.42,96,302/- (rupees forty two
lakhs ninety six thousand three hundred two) as per the
direction of this Court. Learned counsel further submitted
that the order dated 29.06.2021 may be modified and
since the accused has already deposited Rs.36,66,000/-
(rupees thirty six lakhs sixty six thousand), a sum of
Rs.30,00,000/- (rupees thirty lakhs) may be released in
favour of the informant.
Learned counsel for the State has no objection to
such prayer made.
Pursuant to the order dated 17.11.2022, the learned
S.D.J.M. (Sadar), Cuttack submitted status report dated
22.11.2022 in which it is mentioned that the accused
Pankajini Jena has deposited a sum of Rs.36,66,000/-
(rupees thirty six lakhs sixty six thousand).
Considering the submissions made by the learned
counsel for the respective parties, the learned S.D.J.M.
(Sadar), Cuttack shall release a sum of Rs.30,00,000/-
(rupees thirty lakhs) in favour of the informant out of the
deposited amount of Rs.36,66,000/- (rupees thirty six
lakhs sixty six thousand) after obtaining undertaking as
per the order dated 29.06.2021.
With this modification, the rest part of the order
dated 29.06.2021 remains unaltered.
I.A. is accordingly disposed of.
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A copy of the order be communicated to the learned
S.D.J.M. (Sadar), Cuttack immediately.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
RKM
