Dismissed

Santosh Kumar Pati v. State of Odisha

Orissa HC21 Nov 2019ABLAPL/4861/2019

Case brief

AI extract

What is this about?

The court dismissed a petition for pre-arrest bail filed by petitioners accused of serious financial fraud and criminal breach of trust involving bank funds. The court held that due to the heinous nature of the offence and the petitioners' failure to appear after interim protection, they do not deserve release.

What did the court decide?

The petition for pre-arrest bail was dismissed; the subsequent interim order of release was vacated.

Santosh Kumar Pati Vs State of Odisha — Cheating and Forgery | Orissa HC (2019)

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ABLAPL No. 4861 of 2019

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21.11.2019

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The petitioners apprehending their arrest in Rourkela PS Case No. 9 of 2019 corresponding to GR Case No. 1829 of 2018, pending in the court of learned SDJM, Rourkela for alleged commission of offences punishable under Sections 419, 420, 467, 468, 471, 409/34 of IPC, have filed this petition for their release on pre-arrest bail.

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

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The allegation of the prosecution is that the petitioner Santosh Kumar Pati was appointed by M/s. Gram Tarang Inclusive Development Services Pvt. Ltd. as banking correspondent under the Untied Bank of India, Bandhamunda Branch. He along with the other two petitioners, who are Bank Mitras stated to have taken away Rs. 14,86850/fraudulently through AEPS(Adaddhar Enabled Payment System) withdrawal transactions in the device provided to perform banking transactions for the customers. He had done the same through multiple transactions and in this transaction the money of the bank to the account of 21 customers and subsequently refused to return the money. The same was ascertained from other two petitioners, who stated that at the instance of Santosh Kumar Pati, they using their device did the same. The money has transferred to the account of the relative of Santosh Kumar Pati. Since all the three aforesaid persons are involved in committing the criminal breach of trust and fraudulent transfer of bank money and committed heinous and serious offence and in total Rs. 4069910/- have been misappropriated, so also in this case though petitioners interimly protected with the condition to co-operate with the investigation but they have absconded, this Court is of the view that they do not deserve to be released on bail.

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Accordingly, the ABLAPL stands disposed of being

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dismissed.

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Interim order passed earlier stands vacated.

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A free copy of this order be handed over to the learned counsel for the State for its communication to the concerned Police Station.

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S. Pujahari, J.

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AKP

Santosh Kumar Pati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Pati v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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