Allowed

Ugrasen Biswal v. State of Odisha

Orissa HC2 Aug 2021BLAPL/2115/2021

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail application filed by a retired peon accused of cheating and forgery. Considering the civil nature of the dispute, the petitioner's age, and the magisterial nature of offences, the Court granted bail with a bond of Rs.50,000 and two sureties.

What did the court decide?

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

Ugrasen Biswal 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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BLAPL No. 2115 of 2021

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Ugrasen Biswal

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…. Petitioner

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Mr. Niranjan Lenka, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. Abhinandan Pradhan Addl. Standing Counsel

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Order No.

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CORAM: JUSTICE S.K. SAHOO ORDER 02.08.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Mr. Niranjan Lenka, learned counsel for the petitioner has filed an affidavit in pursuance of the order of this Court dated 28.07.2021 in which it is mentioned that the C.S. No.448 of 2005 is still pending in the Court of learned Civil Judge (Sr. Division), Bhadrak where no order of injunction restraining any of the parties from alienating the properties involved in the said suit has been passed.

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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 G.R. Case No.479 of 2015 arising out of Chandabali P.S. Case No.206 of 2015 pending in the Court of learned J.M.F.C., Chandabali for offences punishable under sections 468/471/420/294/506/34 of the Indian Penal Code.

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The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Bhadrak (I/c) vide order dated 08.03.2021.

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Learned counsel for the petitioner submitted that the petitioner was a retired peon of Jaleswar Branch Post Office and he is in judicial custody since 08.03.2021 and he has been charge sheeted under sections 468/471/420/294/506/34 of the Indian Penal Code. He further submitted that though it is the prosecution case that the petitioner and others sold the paternal property of the informant measuring an area Ac.3.128 decimals of land to Sarvashrestha Real Estate Pvt. Ltd. after preparing forged legal heir certificate, death certificate and some other documents but nothing has been borne out of the record regarding the exact role played by the petitioner in the alleged offence. He further submitted that the dispute between the parties is basically civil in nature and the outcome of the civil suit would decide as to who is entitled to the property in dispute and the F.I.R. has been lodged giving a civil dispute the color of criminal case and since the offences are triable by Magistrate, 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 submitted that as per the first information report, the amount of the land is more than Rs.17,00,000/- (rupees seventeen lakhs).

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the age of the petitioner, the period of detention of the petitioner in judicial custody, the pendency of the civil dispute between the parties and the fact that the offences are triable by Magistrate, I am inclined to release the

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petitioner on bail.

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 as the learned Court may deem just and proper.

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The BLAPL is accordingly disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March 2020 as modified by Court’s

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Notice No.4798 dated 15^th April 2021.

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RKM

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( S.K. Sahoo)
Judge

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Ugrasen Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ugrasen Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

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