Allowed

Naveen Chandra Tiwari v. State of Odisha

Orissa HC23 Mar 2021BLAPL/1271/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the petitioner in a case involving misappropriation of funds and cheating. The court weighed the rejection of prior bail against the fact that the informant received its dues, though substantial outstanding liabilities remained.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs.50,000 with two sureties and cash security of Rs.5,25,000 in fixed deposit.

Naveen Chandra Tiwari Vs State of Odisha — Corruption | Orissa HC (2021)

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BLAPL No.1271 of 2021

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Naveen Chandra Tiwari

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… Petitioner

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-Versus-

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1. State of Odisha ... Opp. parties

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2. Chittaranjan Mahapatra

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03. 23.03.2021

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

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This is an application under section 439 of Cr.P.C. in connection with Baidyanathpur P.S.Case No.318 of 2020 corresponding to G.R. Case No.2264 of 2020 pending in the file of learned S.D.J.M., Berhampur for alleged commission of offences under sections 120-B, 420, 409/34 of the Indian Penal Code.

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The prayer for bail of the petitioner has been rejected by the learned Special Judge (Vigilance), Berhampur vide order dated 02.02.2021.

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Learned counsel for the State as per the order dated 15.03.2021 was asked to obtain instruction on Annexure-4.

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Today, learned counsel for the State on instruction from the Investigating Officer submitted that though the informant Chittaranjan Mahapatra has received back his dues, but still there are outstanding dues of Rs.5,23,800/- (five lakhs twenty three thousand eight hundred) against other depositors, which have been misappropriated by the petitioner. Learned counsel further submitted that since the investigation of the case is under progress, the misappropriated amount may increase.

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Considering the submissions made by the learned

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counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody, the fact that the offences are triable by Magistrate and the informant has already received back his money, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions that the petitioner shall furnish cash security of Rs.5,25,000/- (five lakhs twenty five thousand) with such other conditions as the learned Court may deem just and proper.

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The aforesaid amount of cash security shall be kept in any Nationalized Bank in a short-term fixed deposit scheme, which will be renewed from time to time till conclusion of trial and the disbursement of the amount shall be subject to the result of the final outcome of the case.

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

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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…………………..……

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S.K. Sahoo, J.

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PKSahoo

Naveen Chandra Tiwari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Naveen Chandra Tiwari v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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