Dismissed

Shantilata Khuntia v. State of Orissa

Orissa HC18 Jul 2018ABLAPL/4389/2017

Case brief

AI extract

What is this about?

The court dismissed an application for anticipatory bail filed by a 66-year-old petitioner implicated in a cheque-related fraud case. The petition was rejected due to her failure to repay the involved amount or offer its recovery through asset transfer, despite earlier interim relief conditioned on such repayment.

What did the court decide?

The application for anticipatory bail is dismissed; interim order passed on 08.05.2017 is vacated.

Shantilata Khuntia Vs State of Orissa — Contract and Commercial Disputes | Orissa HC (2018)

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ABLAPL No.4389 OF 2017

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18.07.2018

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The petitioner having been implicated in G.R. Case No.55 of 2017 arising out of Mangalabag P.S. Case No.13 of 2017 registered for alleged commission of offence under sections 120B/420/294/323/506/34, I.P.C. pending in the Court of the learned S.D.J.M.(S), Cuttack has filed this application for grant of bail in the event of her arrest in the said case.

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Learned counsel for the petitioner submits that this petitioner, is the mother of other accused persons who are her two sons and two daughters. He further submits that this petitioner being an old woman aged about 66 years had no knowledge about the transactions which have given rise to the criminal case and she has signed on the dotted lines everywhere as per the direction of her sons who are now avoiding to cooperate with her. Therefore, in presence of her sons and daughters being arraigned as accused persons in the case when there remains no scope on the part of the petitioner to flee from justice or influence the investigation in any manner, he urges for grant of anticipatory bail to this petitioner.

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Learned counsel for the State as also learned counsel for the opposite party no.2 submits that when the matter had been taken up on 08.05.2017 keeping in view the submission of the learned counsel for the petitioner that the petitioner is ready and willing to repay the amount of Rs.19.50 lakhs taken from the opposite party no.2, this Court as an interim measure had directed that in case the petitioner is arrested, she be released on interim bail. It is further submitted that in spite of lapse of more than a year since that order, the petitioner has not paid a single pie and is enjoying the interim protection. It is

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further submitted that this petitioner when has definite share over the property in question, to show her bona fide, at no point of time she has even informed in writing that being unable to pay the amount she is ready and willing to transfer her share. It is further submitted that when the opposite party no.2 had come to the rescue of the petitioner and her children in saving their property from being taken over by the Bank by clearing the loan taken by them by depositing the amount through cheques, the petitioner and her children thereafter having got the mortgage redeemed have cheated the opposite party no.2. On the above grounds, they oppose the prayer for grant of anticipatory bail to the petitioner.

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Considering the submissions made and keeping in view the admitted factual position and more particularly in the absence of any such attempt to pay the amount as had been submitted by the learned counsel for the petitioner, which had persuading the Court to grant an interim protection, I do not find it to be a fit case for grant of anticipatory bail to this petitioner. It is needless to observe that in the event the petitioner surrenders before the court in seisin of the case and moves for her release on bail, the same shall be considered on its own merit and disposed of early in accordance with law without being influenced by this order

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The ABLAPL is accordingly dismissed.

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Issue urgent certified copy as per rules. Interim order passed on 08.05.2017 stands vacated.

Narayan

……………………

D. Dash,J.

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Shantilata Khuntia v. State of Orissa

Case brief

What is this about?

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Shantilata Khuntia v. State of Orissa

Case brief

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