Orissa High Court
Laxmikanta Panda vs State Of Odisha & Another on 19 February, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1071 of 2024
Laxmikanta Panda ... Appellant
Mr. S. Mohapatra, Advocate
-versus-
State of Odisha & Another ... Respondents
Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
19.02.2025
Order No.
06. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This appeal under Section 14-A(2) of the
Scheduled Caste & Scheduled Tribe (Prevention of
Atrocities) Act, 1989 as amended by Act 1 of 2016 (in
short, "the Act") by the appellant is directed against the
impugned order dated 07.10.2024 passed by learned
District & Sessions Judge-cum-Special Judge, Khurda at
Bhubaneswar in T.R. Case No.431 of 2024 refusing to
grant bail to the appellant in connection with Badagada
P.S. Case No.534 of 2024 for commission of offences
punishable U/Ss. 318(2)/115(2)/296(a)/351(3)/3(5) of
BNS, 2023 r/w. Sec.3(1)(r)(s)/3(2)(va) of SC & ST
(PoA) Act on the main allegation of cheating the
informant and 36 others on the pretext of providing
them loans by taking advantage of the caste of the
informant.
3. Heard, Mr. Satyajit Mohapatra, learned counsel
for the appellant, Mr. M.K. Mohanty, learned Addl.
Public Prosecutor in the matter and perused the record,
but none appears for the informant despite being duly
noticed as informed by Mr. Mohanty. In the course of
hearing, Mr. Mohapatra by referring to the affidavit
stated to be sworn in by the wife of the appellant
submits that the appellant is ready and willing to
deposit Rs.4,00,000/- (Rupees Four Lakhs) in favour of
the informant.
4. After having considered the rival submissions
and on going through the materials placed on record
and taking into account the pre-trial detention of the
appellant in custody since 28.09.2024 and keeping in
view all the materials placed on record in entirety and
further taking into account the fact that the appellant is
ready and willing to deposit Rs.4,00,000/- in the name
of informant without prejudice to the rights and
contention of the parties, this Court without expressing
any view on merits considers it proper to grant bail to
the appellant.
Hence, the criminal appeal stands allowed and
the impugned order dated 07.10.2024 passed by
learned District & Sessions Judge-cum-Special Judge,
Khurda at Bhubaneswar in T.R. Case No.431 of 2024 in
this appeal is, hereby, set aside. Consequently, the
appellant is directed to be released on bail on such
terms and conditions as deems fit and proper by the
learned Court in seisin over the matter along with the
following additional condition:-
(i) Without prejudice to the right and
contention of the parties, the appellant
shall deposit Rs.4,00,000/- either as
Bank draft in the name of the Informant
or in the account of the informant, but
in case the informant does not wish to
receive such amount, the aforesaid
amount may be deposited in an interest
bearing account which shall be dealt
with in accordance with law at the time
of passing of the final judgment in this
case.
5. Accordingly, the CRLA stands disposed of.
(G. Satapathy)
Judge
S. Sasmal
Location: HIGH COURT OF ORISSA
