Allowed

Pravash Chandra Dash v. State of Odisha

Orissa HC19 Mar 2021BLAPL/1287/2019

Case brief

AI extract

What is this about?

The High Court exercised its intrinsic power under bail provisions to grant bail to the petitioner, who was detained in judicial custody, in a money laundering and cheating cheque-bouncing case despite prior rejections, directing furnishing of a specific bond.

What did the court decide?

Release of the petitioner on bail on furnishing a bond of Rs. 50,000 with two local solvent sureties each for the like amount.

Pravash Chandra Dash Vs State of Odisha — Money Laundering | Orissa HC (2021)

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BLAPL No.1287 of 2019

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Pravash Chandra Dash

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… Petitioner

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-Versus-

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19.03.2021

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State of Odisha

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... Opp. party

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The 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. for grant of bail to the petitioner in connection with N.T.P.C. P.S. Case No.36 of 2013 corresponding to G.R. Case No.624 of 2013 pending in the Court of learned C.J.M. –cum- Asst. Sessions Judge, Angul for alleged commission of offences under sections 420, 467, 468, 471, 120-B of the Indian Penal Code and sections 4,5, and 6 of the Prize Cheat and Money Circulation Scheme (Banning) Act.

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The petitioner moved an application for bail before the Court of Addl. Sessions Judge, Angul, which was rejected on 07.01.2019.

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It appears that the petitioner earlier approached this Court for bail in BLAPL No. 6479 of 2017 and this Court asked the learned counsel for the petitioner in that case to obtain instruction from the petitioner as to whether the petitioner is ready and willing to deposit an amount of Rs.13,00,000/- (thirteen lakhs), which was collected from different depositors including the informant. When the petitioner expressed his inability to

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deposit such amount, this Court rejected the bail application as per order dated 17.01.2018.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 26.07.2017 and in the meantime, the trial has commenced and nine witnesses have been examined so far in the trial Court and the petitioner is a local man and since the depositors have already been examined, there is no chance of tampering with the evidence and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State opposed the prayer for bail and on verification of the case records, submitted that there are twelve nos. of charge sheet witnesses in the case.

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Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, progress of trial and 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 on furnishing 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 appear before the learned trial Court on each date to which the case would be posted for trial.

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

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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

Pravash Chandra Dash v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pravash Chandra Dash 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

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