Pradeep Kumar vs State Of Odisha
2023 Latest Caselaw 6674 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         BLAPL No.12626 of 2022

                1. Pradeep Kumar
                   Sahoo
                2. Sagarika Sahoo                 ....
                                                       Petitioners

                                 Mr.Devashis Panda, Advocate
                                       -versus-
              State of Odisha
                                                  ....      Opp. Party

                                 Mr.Arupananda Das
                                 Addl.Govt. Advocate

                                 CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        19.05.2023

   05.           This   matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Mr. Devashis Panda, learned counsel files his appearance memo in Court today, which is taken on record.

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Bhubaneswar EOW P.S. Case No.11 of 2021 corresponding to C.T. Case No.425 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for offences punishable under // 2 //

sections 409/420/467/468/471/120-B of the Indian Penal Code and sections 66, 66C, 66D of the Information Technology Act.

The petitioners moved an application for bail before the Court of learned Additional Sessions Judge

-cum- Special Judge, C.B.I. Court No.I, Bhubaneswar, which was rejected on 03.12.2022.

Learned counsel for the petitioners submitted that the petitioners, who are husband and wife, are in judicial custody since 03.12.2022 and they have been charge sheeted under sections 409/420/467/468/ 471/120-B of the Indian Penal Code and sections 66, 66C, 66D of the Information Technology Act. It is further submitted that so far as the cheating amount in respect of petitioner no.1 Pradeep Kumar Sahoo is concerned, it is Rs.29,03,240/- (rupees twenty nine lakhs three thousand two hundred forty) and so far as petitioner no.2 Sagarika Sahoo is concerned, it is Rs.51,96,330/- (rupees fifty one lakhs ninety six lakhs three hundred thirty). Learned counsel further submitted that the petitioners are ready and willing to deposit 25% (twenty five percent) of the aforesaid cheating amounts each and give an undertaking to deposit the balance amount in six equal monthly installments each.

// 3 //

Learned counsel for the State has not disputed the aforesaid amounts of cheating as submitted by the learned counsel for the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioners in judicial custody and the fact that the offences are triable by Magistrate, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each 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 including the conditions that the petitioner no.1 Pradeep Kumar Sahoo shall deposit 25% of the cheating amount of Rs.29,03,240/- (rupees twenty nine lakhs three thousand two hundred forty) and petitioner no.2 Sagarika Sahoo shall deposit 25% of the cheating amount of Rs.51,96,330/- (rupees fifty one lakhs ninety six lakhs three hundred thirty) before the learned Court at the time of release on bail and both the petitioners shall give an undertaking to the Court to deposit the balance amount in six equal monthly installments and the first installment of which shall commence a month after their release on bail.

// 4 //

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 petitioners fail 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 petitioners to judicial custody.

Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 19-May-2023 18:02:20