Allowed

Madan Mohan Pradhan v. State of Odisha

Orissa HC18 Feb 2019BLAPL/380/2019

Case brief

AI extract

What is this about?

On an application under section 439 Cr.P.C. for bail in a cheque bounce and forgery case, the High Court considered the nature of the accusation and the progress of investigation. The accused was released on bail subject to specific conditions regarding the deposit of money and appearing before the Investigating Officer.

What did the court decide?

Petitioner released on bail subject to deposit of Rs. 5,00,000/- with the bank and other terms.

Madan Mohan Pradhan Vs State of Odisha — Cheating and Forgery | Orissa HC (2019)

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BLAPL No. 380 of 2019

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18.02.2019

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

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This is an application under section 439 Cr.P.C. in connection with C.T. Case No.5015 of 2018 arising out of EOW P.S. Case No.23 of 2018 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences punishable under sections 420/406/467/468/471/ 120-B of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned 2^nd Addl. Sessions Judge, Bhubaneswar which was rejected on 08.01.2019.

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Miss Swarnalata Panigrahi, Inspector EOW, Bhubaneswar who is also the Investigating Officer is present in Court today. As per the previous order, she has furnished instruction which indicates that the loan amount disbursed to the petitioner on 13.07.2011 was Rs.40 lakhs which was supposed to be repaid in 60 EMI of Rs.90,000/(rupees ninety thousand) each. The petitioner’s account became NPA (Non-Performing Asset) on 31.03.2015 and the petitioner has paid a sum of Rs.5,93,000/- (rupees five lakhs ninety three thousand) only in cash and a term deposit of Rs.16,00,000/- (rupees sixteen lakhs) which was there with the Bank as security at the time of sanctioning of the loan has already been adjusted towards the loan account and the outstanding dues with interest is Rs.51,39,887/- (rupees fifty one lakhs thirty nine thousand eight hundred eighty seven) as on 15.02.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 10.11.2018 and the offences are triable by Magistrate and the dispute is basically civil in nature. He further submitted that at present the petitioner is ready and willing to deposit a sum of Rs.5,00,000/- (rupees five lakhs) with the Bank and he will negotiate with the Bank for settlement of his loan account and the petitioner will also co-operate with the investigation and therefore, taking into account the period of detention of the petitioner in judicial custody, the bail application may be favourably considered.

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Learned counsel for the State has produced the case dairy and opposed the prayer for bail.

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skb

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Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioner, progress of investigation, the nature of dispute between the parties and the fact that the offences are triable by Magistrate as well as taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case subject to production of documentary evidence relating to deposit of Rs.5,00,000/- (rupees five lakhs) in Odisha Gramya Bank, Rasulgarh Branch, Bhubaneswar and with other terms and conditions as may be fixed by the Court in Session over the matter. The petitioner shall appear before the Investigating Officer as and when necessary and he shall not try to tamper with the evidence.

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Violation of any of the above conditions shall entail cancellation of bail.

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Accordingly, the BLAPL is disposed of.

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

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………………….. S. K. Sahoo, J.

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Madan Mohan Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madan Mohan Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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