Silla David Nayak v. State of Odisha
Case brief
What is this about?
Single judge order dismissing bail application in a cheating case involving 52 lakhs. Court held that nature, gravity, and documentary evidence precluded release, directing expedited trial completion by December 2021.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2709 of 2021
Silla David Nayak
…. Petitioner
Mr. S.C. Mohapatra, Advocate
-versus-
State of Odisha …. Opp. Party
Mr.A. Das, Addl. Standing Counsel
CORAM:
Order No.
JUSTICE S.K. SAHOO ORDER 11.08.2021
- This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). Heard Mr. S.C. Mohapatra, learned counsel for the petitioner and Mr. A. Pradhan, learned Addl. Standing counsel for the State. This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Lalbag P.S. Case No. 53 of 2021 corresponding to G.R. Case No.228 of 2021 pending before the learned S.D.J.M. (S), Cuttack for alleged commission of offences punishable under sections 419/420/34 of the Indian Penal Code.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner accused of cheating amounting to over 52 lakhs involving financial fraud and bounced cheques.
Whether the petitioner being a lady attracts the protection of the proviso to section 437(1) of Cr.P.C. given the nature of the offence.
Parties & counsel
- petitioner
Silla David Nayak
- respondent
State of Odisha
Coram
S.K. Sahoo
Case details
As recorded by the court registry
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