Orissa High Court
Manabhanjan Kumar Thakur vs State Of Odisha on 18 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5521 of 2023
Manabhanjan Kumar Thakur .... Petitioner
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
BLAPL No. 5763 of 2023
Manoj Kumar Nanda ... Petitioner
.
Mr. B.K. Behera (1), Advocate
-versus-
State of Odisha ... Opposite Party
.
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
18.10.2023
Order No.
10. 1. Since both the BLAPLs relate to the same P.S. Case
(Patnagarh P.S. Case No.256 of 2022) (on the file of the learned
S.D.J.M., Patnagarh), they are heard together and disposed of by
this common order, on the consent of the parties.
2. Heard learned counsel for the Petitioners and learned
counsel for the State.
3. The petitioners are accused in connection with G.R. Case
No.1090 of 2022, pending on the file of the learned S.D.J.M.,
Patnagarh arising out of Patnagarh P.S. Case No.256 of 2022 for
alleged commission of offences under Section 20(b)(ii)(C) of NDPS
Act.
4. Being aggrieved by the rejection of their application for
bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge,
Patnagarh, by order dated 08.05.023 in the aforementioned cases
respectively, the present BLAPLs have been filed.
5. It is submitted by the learned counsel that the Petitioner in
BLAPL No.5521 of 2023 is in custody since 22.12.2022 and the
Petitioner in BLAPL No.5763 of 2023 is in custody since
23.12.2022 and in the meanwhile, as charge sheet has been filed on
20.04.2023, they may be released on bail.
6. The allegation against the Petitioners as stated by the
learned counsel for the State on instruction and on the basis of
charge sheet is that an amount of Rs.45,00,000/- has been
defalcated of one LV Public School, Patnagarh of which the
Petitioner (Manoj Kumar Nanda) in BLAPL No.5763 of 2023 was
the President and the Petitioner (Manabhanjan Kumar Thakur) in
BLAPL No.5521 of 2023 is the accountant.
7. It is submitted by the learned counsel for the State that the
defalcation came to light during the audit and it is stated that the
Petitioners abusing their position have committed defalcation of
public fund, as such no leniency ought to be shown merely because
charge sheet has been filed.
8. An affidavit has been filed at the behest of the Petitioner
(Manoj Kumar Nanda) in BLAPL No.5763 of 2023, Ex-President
of the School that without prejudice to his rights and contentions, he
is prepared to deposit a bank draft for a sum of Rs.15,00,000/- in
favour of the learned Court in seisin.
9. A copy of the bankers cheque is on record, the details of
which runs thus:
"Bankers cheque No.030811 dated 29.09.2023 for
Rs.15,00,000/-"
10. Taking into account the nature of allegation and since the
Petitioner (Manoj Kumar Nanda) in BLAPL No.5763 of 2023 has
volunteered to deposit a part of the public money, this Court directs
the Petitioners to be released on bail on such terms to be fixed by
the learned Court in seisin.
11. Additionally, it is directed that as a condition precedent as
undertaken, the Petitioner (Manoj Kumar Nanda) in BLAPL
No.5763 of 2023 shall deposit the bank draft of Rs.15,00,000/-
(Rupees fifteen lakh) before the learned Court in seisin which shall
be kept in an interest bearing account subject to the outcome of the
trial. And, each of the Petitioners shall furnish unencumbered
property security to the tune of Rs.15,00,000/-(Rupees fifteen lakh).
12. It is made clear that the direction to make the deposit ought
not to be construed as any way expressing any opinion regarding
the complicity of the Petitioners which has to be adjudicated
independently in the impending trial and the direction to deposit has
been made keeping in view the judgment of the apex Court in the
case of Satender Kumar Antil vrs. Central Bureau of
Investigation & another, reported in 2022 (10) SCC 51, since
defalcation of public money is involved.
13. Additionally, it is directed that the Petitioners shall appear
before the jurisdictional police station once every two months on
such date and time to be fixed by the learned Court in seisin till
conclusion of trial. Certification of such appearance shall be
submitted to the learned Court in seisin.
14. Accordingly, the BLAPLs stand disposed of.
15. Urgent certified copy of this order be granted as per the
rules.
Signature Not Verified (V. NARASINGH)
Digitally Signed
Signed by: AYESHA ROUT Judge
Reason: Authentication
Location:Ayesha
High Court of Orissa
Date: 19-Oct-2023 18:21:56
