Orissa High Court
Rajendra Harijan vs State Of Odisha on 16 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11202 of 2022
Rajendra Harijan .... Petitioner
Mr.S.C. Atabudhi, Advocate
-versus-
State of Odisha .... Opp. Party
Mrs.Susamarani Sahoo
Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 16.05.2023
02. 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.6256 of 2022 arising
out of EOW, Bhubaneswar P.S. Case No.19 of 2022
pending in the Court of learned S.D.J.M., Khordha for
offences punishable under sections 419/420/467/468/
471/120-B of the Indian Penal Code and sections
66(C)/66(D) of the Information Technology Act, 2000.
The petitioner moved an application for bail before
the Court of learned 1st Additional Sessions Judge -cum-
// 2 //
Special Judge, Vigilance, Bhubaneswar, which was
rejected on 05.11.2022.
As per the order dated 08.05.2023 passed in its
connected BLAPL No.11205 of 2022, the learned counsel
for the State has produced the letter dated 09.05.2023
received from the Inspector of Police, EOW, CID, CB,
Bhubaneswar, from which it appears that a sum of
Rs.7,45,077/-(rupees seven lakhs forty-five thousand
seventy seven only) has been credited to the
petitioner's account.
Considering the submission made by the learned
counsel for the petitioner that the petitioner is in judicial
custody since 20.10.2022 and the offences are triable
by Magistrate and the petitioner is ready and willing to
deposit the amount in question 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 25% (twenty five percent) of
the amount credited to his account as per the letter
dated 09.05.2023 received from the Inspector of Police,
// 3 //
EOW, C.I.D., C.B., Bhubaneswar at the time of his
release on bail and give an undertaking to deposit the
balance amount in three equal monthly installments and
the first installment of which 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 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
within time to be stipulated by the learned trial Court,
the learned Court in seisin over the matter would be at
liberty to cancel the order of bail and take the petitioner
to judicial custody.
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.
A copy of the order be communicated to the
learned trial Court forthwith.
( S.K. Sahoo)
Judge
Sipun
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 17-May-2023 14:53:51
