Nilam Kumar Swain vs State Of Odisha
2023 Latest Caselaw 4755 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         BLAPL No.4502 of 2023

              Nilam Kumar Swain                   ....      Petitioner

                                 Mr. Sougat Dash, Advocate

                                       -versus-

              State of Odisha                     ....     Opp. Party

                                 Mrs. Susamarani Sahoo
                                 Addl. Standing Counsel

                                 CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No. 01.05.2023

01. 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.7467 of 2022 arising out of Chandrasekharpur P.S. Case No.481 of 2022 pending in the Court of learned J.M.F.C.(II), Bhubaneswar for offences punishable under sections 420/506 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned 3rd Additional Sessions Judge, Bhubaneswar which was rejected on // 2 //

02.03.2023.

Considering the submission made by the learned counsel for the petitioner that the case arises out of a complaint petition which subsequently turned to F.I.R. and the offences are triable by Magistrate and the petitioner is ready and willing to deposit the alleged amount of cheating i.e. Rs.12,77,000/- (rupees twelve lakhs seventy seven thousand) before the Court below and on hearing the learned counsel for the State, 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 his release on bail and so far as the balance amount of Rs.7,77,000/- (rupees seven lakhs seventy seven thousand) is concerned, he shall give an undertaking to deposit the same in five monthly installments and the deposit of 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

// 3 //

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


RABINDRA Digitally signed by
         RABINDRA KUMAR
KUMAR    MISHRA
         Date: 2023.05.03
MISHRA   11:32:38 +05'30'