Disposed

Dinabandhu Panda v. State of Orissa

Orissa HC26 Apr 2019ABLAPL/4089/2018

Case brief

AI extract

What is this about?

The High Court directed that if petitioners surrender within six weeks, the Court below shall grant bail on conditions including a fixed deposit of Rs.3 lacs in a nationalized bank and property security of Rs.4 lacs. The petition for pre-arrest bail was disposed of accordingly.

What did the court decide?

The petition was disposed of; bail to be granted by the Court below if petitioners surrender within six weeks on specified conditions of deposit and security.

Dinabandhu Panda Vs State of Orissa — Cheating and Forgery | Orissa HC (2019)

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ABLAPL No.4089 of 2018

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06. 26.04.2019

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The petitioners in this case having been implicated in Nandankanan P.S. Case No.26 of 2018 corresponding to G.R. Case No.275 of 2018, pending in court of learned J.M.F.C.(O), Bhubaneswar for alleged commission of offences punishable under Section 420/34 of I.P.C., have filed this petition for their release on pre-arrest bail.

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Heard the learned counsel for the petitioners and the learned counsel for the State.

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Learned counsel for the petitioners submits that the petitioners are ready and willing to deposit an amount of Rs.3 lacs in the Court below and the same may be directed to be kept in a fixed deposit account till conclusion of the trial and if it is found that they are liable to pay the compensation to the Informant, the same may be appropriated towards the Informant-victim, but the deposit is without prejudice to the defence of the petitioners.

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Learned counsel for the State, however, made objection to the aforesaid prayer for pre-arrest bail of the petitioners.

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Regard being had to the aforesaid facts and submissions made, especially the nature of accusation, character of evidence appearing against the petitioners in support of the charge, willingness of the petitioners to deposit an amount of Rs.3 lacs before the Court below, without prejudice to their defence, circumstances in which the offences alleged to have been committed, factum of substantial progress in the investigation and hardly any material being there to suggest that the petitioners are likely to abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the

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petitioners surrender before the Court in seisin over the matter within six weeks hence and make a motion for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper including the condition that they shall furnish a fixed deposit receipt showing deposit of Rs.3,00,000/- (rupees three lacs) in a nationalized bank and also furnish a property security for the rest of the amount of Rs.4,00,000/- (rupees four lacs) supported by an Indemnity Bond with an undertaking to appropriate the same towards compensation in the event they are found guilty of the charge. The Court in seisin over the matter shall also pass necessary direction to the concerned Bank not to release the aforesaid amount of Rs.3,00,000/- (rupees three lacs) till further order from the Court concerned, on furnishing of such bank deposit and the concerned Registering Authority not to transfer the land to any one without the permission of the Court concerned or Court in seisin over the matter.

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However, it is made clear that no further extension of the aforesaid period of surrender of the petitioners shall be given in any circumstances.

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The ABLAPL is, accordingly, disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………… S.Pujahari, J.

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MRS

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Dinabandhu Panda v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dinabandhu Panda v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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