Orissa High Court
Saroj Kumar Panda vs State Of Odisha .... Opposite Party on 27 May, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2531 of 2025
Saroj Kumar Panda .... Petitioner
Mr. S.K. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Dash, AGA
BLAPL No.2532 of 2025
Aurobindo Santra .... Petitioner
Mr. S.K. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Dash, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
27.05.2024
Order No.
03. 1. Since both the matters arise out of Nayapalli
P.S. Case No.695 of 2022, 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 C.T. Case
No.6643 of 2022 pending on the file of learned 1st
Addl. Sessions Judge-cum-Special Judge, Vigilance,
Bhubaneswar arising out of Nayapalli P.S. Case
No.695 of 2022 for commission of offence alleged
under Section 420/406 IPC.
4. Learned counsel, on instruction, submit that
except the present BLAPLs, no other bail applications
of the Petitioners relating to the aforementioned P.S.
Case are pending in any other Court.
5. Being aggrieved by the rejection of their
application for bail U/s.483 BNSS by the learned 1st
Addl. Sessions Judge-cum-Special Judge, Vigilance,
Bhubaneswar, by order dated 22.01.2025 in the
aforementioned case, the present BLAPL has been
filed.
6. It is submitted by the learned counsel that
both the Petitioners are not named accused in the
FIR.
7. The allegation against the Petitioners along
with the co-accused are that on the promise of
providing a piece of land they had taken a sum of
Rs.15,25,000/-.
8. It is submitted by the learned counsel that in
the case at hand charge sheet has already been filed.
Since the allegations are more or less based on
documentary evidence, custodial interrogation of the
Petitioners is not necessary.
9. It is his further submission that the co-accused
Manoj Kumar Panda has been released on bail by
order dated 23.10.2024 in BLAPL Nos.445 & 452 of
2024, inter alia, taking into account the submission of
the demand draft to the tune of Rs.5 lakhs. Hence,
inter alia, on the ground of parity the Petitioners seek
release and to prove their bona fide without prejudice
to the rights and contentions on behalf of the
Petitioners a demand draft bearing number 421484
dated 21.05.2025 to the tune of Rs.10,25,000/- is
submitted. The same is taken on record.
10. Learned counsel for the State opposes the
prayer for bail referring to the criminal antecedents of
the Petitioners and submits that since this is an
economic offence and having societal ramifications
and keeping in view the judgment of the Apex Court
in the case of Satender Kumar Antil vrs. Central
Bureau of Investigation & another, reported in
2023 SCC Online SC 452, the Petitioners ought not
to be released on bail.
11. Considering the rival submissions of the
parties and taking into account that by order dated
23.04.2025 in BLAPL No.452 of 2024 the Petitioner-
Manoj Kumar Panda has been given four months time
to clear up the dues, this Court directs the Petitioners
to be released on bail on such terms to be fixed by
the learned court in seisin.
12. The demand draft which is taken on record be
transmitted to the learned trial court and the same
shall be kept in an interest bearing account by the
trial court. Liberty is given to the Informant to seek
withdrawal of the same, if so advised, in accordance
with law.
13. Accordingly, both the bail applications stand
disposed of.
(V. NARASINGH)
Vacation Judge
PKS
Signed by: PRADEEP KUMAR SWAIN
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 27-May-2025 21:14:44
