Dismissed

Swati Swarachita Nayak v. State of Odisha

Orissa HC15 Sept 2021ABLAPL/11187/2021

Case brief

AI extract

What is this about?

High Court of Orissa dismissed this bail petition. The petitioner faced charges for forgery (Sections 471, 468 IPC) and cheating (Section 420 IPC) regarding a teaching job. The court denied bail due to the serious nature of theForgery allegations and the need for custodial interrogation to trace fake certificates.

What did the court decide?

Prayer for pre-arrest bail stands rejected; ABLAPL disposed of being dismissed.

Swati Swarachita Nayak Vs State of Odisha — Cheating and Forgery | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.11187 of 2021

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Swati Swarachita Nayak

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…. Petitioner

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

15.09.2021

This matter is taken up through hybrid mode.

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The Petitioner apprehending her arrest in Umerkote P.S. Case No.317 of 2021 registered for alleged commission of offences punishable under Sections 420, 468 and 471 of the I.P.C., has filed this petition for her release on pre-arrest bail.

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

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The prosecution allegation reveals that the Petitioner, who is engaged as Junior Teacher (Contractual) in Government PUPS, Sirliguda, has been indicted in the aforesaid case for securing the job by producing forged B.Ed. Degree Certificate and Mark Sheet and, as such, the F.I.R. has been lodged against her.

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Learned counsel for the Petitioner submits that the allegation against the Petitioner is false and concocted and, as such, the Petitioner may be released on pre-arrest bail, more so when she is ready and willing to cooperate with the investigation.

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However, the aforesaid prayer has been objected by the learned counsel for the State.

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It has come to the knowledge of the Government that in recent past large number of teachers without having requisite qualification, on submission of spurious certificates of qualification required, have got the job and teaching the students. The same is at the cost of the future of students reading in different schools run by the Government of Odisha. However, when the Government made effort to detect and remove them from service, so also initiate criminal proceeding for such forgery, some of them have taken voluntary retirement, resigned or absconded. Petitioner’s case is allegedly one of such nature. The Petitioner’s custodial interrogation is required for ascertaining source of procurement of such spurious certificates for an effective investigation as the original of the spurious certificate is with her. The allegation is serious in nature.

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In such premises, this Court is unable to accept the prayer for pre-arrest bail of the Petitioner on the grounds stated.

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Accordingly, the prayer for pre-arrest bail of the Petitioner stands rejected and the ABLAPL is disposed of being dismissed.

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(S. Pujahari) Judge

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Swati Swarachita Nayak v. State of Odisha

Case brief

What is this about?

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Swati Swarachita Nayak v. State of Odisha

Case brief

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