Allowed

Santosh Kumar Mohapatra @ Santosh Mohapatra v. State of Odisha

Orissa HC24 Mar 2021BLAPL/1765/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail petition under Cr.P.C. Section 439 for an accused charged with offences under Sections 392 and 34 IPC. The court granted bail subject to financial sureties, appearance before investigating officer, and specific travel restrictions.

What did the court decide?

Released on bail of Rs. 50,000 with two solvent sureties for similar amount, conditioned to appear before I.I.C., not indulge in criminal activities, and appear in trial court.

Santosh Kumar Mohapatra @ Santosh Mohapatra Vs State of… — Cheating and Forgery | Orissa HC (2021)

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BLAPL No.1765 of 2021

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Santosh Kumar Mohapatra @ … Petitioner Santosh Mohapatra

-Versus-

02. 24.03.2021

State of Odisha

... Opp. party

This matter is taken up through Hybrid

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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 Jankia P.S.Case No.06 of 2021 corresponding to G.R. Case No.40 of 2021 pending in the file of learned S.D.J.M., Khurda for alleged commission of offence under sections 392/34 of the Indian Penal Code.

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The prayer for bail of the petitioner has been rejected by the learned 2^nd Addl. Sessions Judge, Khurda vide order dated 25.02.2021.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 28.01.2021, the investigation of the case has made substantial progress and the offence is triable by Magistrate. It is further submitted that it is the prosecution case that the coaccused persons committed the alleged crime and the petitioner allegedly watched the movement of the informant from time to time and informed the co-accused persons about such movement and therefore, in view of the nature of accusation, the bail application of the

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petitioner may be favourably considered.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, nature of accusation, absence of any criminal antecedents, progress of investigation, the offence is triable by Magistrate 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 a bail bond of Rs.50,000/(rupees fifty thousand) with two 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 I.I.C, Jankia Police Station once in every fort-night on a Sunday in between 10.00 a.m. to 4.00 p.m. for a period of three months from the date of release, shall not indulge in any criminal activities and 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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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

Santosh Kumar Mohapatra @ Santosh Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Mohapatra @ Santosh Mohapatra 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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