Application under Section 438 Cr.P.C. for anticipatory bail in a cheating case. Bail granted upon surrender within eight weeks subject to depositing Rs. 3,00,000 in fixed deposit.
Bail granted on surrender within eight weeks contingent upon deposit of Rs. 3,00,000 in fixed deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.6640 of 2017
The petitioner having been implicated in Kantabanji P.S. Case No.54 of 2017 corresponding to G.R. Case No.135 of 2017 registered for alleged commission of offence under sections 419/420/403/34, I.P.C. pending in the Court of the learned J.M.F.C., Kantabanji has filed this application under section 438 Cr.P.C. for grant of bail in the event of his arrest in the said case.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submission and keeping in view the accusation against the petitioner and other surrounding circumstances of the case, it is directed that in the event the petitioner surrenders before the Court in seisin of the case within eight weeks hence, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said court with further condition that the petitioner without prejudice to his defence would deposit a sum of Rs.3,00,000/(Rupees three lakhs) before the said court which shall be kept under long term fixed deposit in any Nationalized Bank and would be renewed from time to time as the court deems proper, whose disbursement/ release shall be subject to the final order as would be passed at the conclusion of the trial.
The ABLAPL stands disposed of.
Issue urgent certified copy as per rules.
D. Dash,J.
H
2 issues framed by the court
Whether the petitioner should be granted bail pending trial upon surrender within eight weeks.
Whether the petitioner shall deposit Rs. 3,00,000 as a condition for bail.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
