Single judge granted bail to the petitioner in a cheating and forgery case, considering the release of a co-accused, progress of investigation, and the petitioner's age and health.
Release of the petitioner on bail with cash security of Rs.25,00,000, bail bond of Rs.50,000 with two sureties, and conditions against tampering.
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BLAPL No.2248 of 2019
Mr. Pradipta Kumari Panigrahi, Investigating Officer E.O.W, CB, Bhubaneswar is present in Court today.
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with C.T. Case No.5618 of 2018 arising out of Economic Offence Wing, Bhubaneswar P.S. No.27 of 2018 pending in the Court of learned S.D.J.M., Bhubaneswar for offences punishable under sections 420/406/467/468/471/ 120-B of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 2nd Addl. Sessions Judge, Bhubaneswar which was rejected on 27.02.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 09.02.2019 and in the meantime, investigation has made substantial progress and the main allegation is against the Managing Partner of the company who has been directed to be released on bail in BLAPL No.8204 of 2018 as per the order dated 28.01.2019. He files the copy of the bail order which is taken on record. Learned counsel for the petitioner pointed out the partnership agreement dated 06.05.2007 which reveals that the Bank account or accounts shall be opened with any scheduled bank and the same shall be operated by the Managing Partner i.e. co-accused Narayan Senapati. He further submitted that the petitioner is an aged person and suffering from different ailments and therefore, the bail application of the petitioner may be favourably considered.
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Learned counsel for the State has produced the case diary and opposed the prayer for bail and submitted that the petitioner along with co-accused Narayan Senapati misappropriated huge amount of loan by producing forged documents and investigation is under progress and therefore, it would not to be proper to release the petitioner on bail.
Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioner, release of the co-accused on bail and taking into account the age of the petitioner, I am inclined to release the petitioner on bail.
P
Let the petitioner be released on bail in the aforesaid case on furnishing cash security of Rs.25,00,000 (rupees twenty five lakhs) in the shape of fixed deposit in any Nationalised Bank pledged in the name of the Court in seisin over the matter and bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court in session over the matter with further terms and conditions as the learned Court may deem just and proper with further condition that the petitioner shall not try to tamper with the evidence and he shall appear before the I.O. as and when required and the petitioner shall remain present before the learned Trial Court on each date when the case would be posted for trial and violation of any of the conditions imposed by this Court or by the learned Court below, the bail bond shall be liable
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to be cancelled.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
A free copy of this order be handed over to the learned counsel for the State.
………………….. S. K. Sahoo, J.
P
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1 issue framed by the court
Whether the petitioner should be released on bail in light of co-accused release, investigation progress, and health conditions.
2 provisions across 2 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
