Application regarding release of bail deposit. Petitioners, on anticipatory bail with fixed deposit condition, sought release of funds as civil settlement was proposes. Court found release not meriting given criminal case pendency.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL NO.12870 OF 2018
Jubaraj Mahala & Others …. Petitioners Mr. S.J. Mohanty, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Karunakar Das, ASC
CORAM:
MR. JUSTICE D.DASH
ORDER 08.02.2022 I.A. No. 13 of 2022
Order No.
The prayer as advanced in the application is reproduced herein below:-
“……to modify the order dated 26.11.2018 to the extent, by directing the learned SDJM, Bhadrak, the amount which was kept deposit, as deposited by the petitioners as per the direction of the Hon’ble Court be released in favour of the Informant-Bankas per the settlement letter under Annexure-A series after deduction the amount deposited on 31.12.2021 for acceptance of said scheme. And the balance amount
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along with the interest to be released in favour of any of the petitioners.”
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to be adjusted towards the loan accounts had also issued post dated cheques which have however been dishonoured.
Issue urgent certified copy as per rules.
Aks
(D. Dash),
Judge.
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2 issues framed by the court
Whether the prayer for release of the security amount deposited with the court on account of anticipatory bail should be accepted.
Whether the merit of the criminal charges and the current status of the civil settlement matter affect the release of bail security.
1 provisions across 1 enactments
Jubaraj Mahala & Others
State of Odisha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
