Allowed

Ramesh Patro v. Republic of India (Cbi)

Orissa HC15 Mar 2021BLAPL/8035/2020

Case brief

AI extract

What is this about?

Application for bail under Section 439 Cr.P.C. filed by a Zonal Head arrested in a CBI case involving Prize Cheats and Money Circulation Scheme. Petitioner argued lack of material connecting him to cheating and bail granted to co-accused. Court noted passenger instances of absconding directors but granted bail considering detention period and co-accused status.

What did the court decide?

The petitioner is released on bail subject to furnishing cash security of Rs.20 lakhs and property security of Rs.20 lakhs free from encumbrances and complying with various conditions.

Ramesh Patro Vs Republic of India (Cbi) — Corruption | Orissa HC (2021)

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BLAPL No.8035of 2020

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15.03.2021

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This matter is taken up through hybrid arrangement (virtual/physical) mode.

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This is the second journey of the petitioner, who is in custody in connection with R.C. Case No.41 o 20214 (Kolkata), CBI corresponding to S.P.E. Case No.36 of 2014 pending in the Court of the learned Special Judge, C.J.M., CBI, Bhubaneswar for offence punishable under section 120-B/420/408, I.P.C. read with sections 4/5/6 of the Prize Cheats & Money Circulation Scheme (Banning) Actby filing this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the Petitioner submits that this petitioner being the Zonal Head of the Berhampur Division of Golden Land Developers Group of Companies, has been arrested in the case and is in custody since 09.05.2019. He submits that there is no material on record to connect the petitioner that it is he who had cheated the public in collecting the money. He further submits that one of the Directors of the Company, namely, PrabinSarma, the Internal Auditor, who used to sign the money for transfer, namely, Surindar Kumar and two other Branch Heads, namely, AshisSinha and Subash Chandra Rout have been enjoying the liberty being released on bail. He submits that after disposal of the earlier bail application of this Petitioner, i.e., BLAPL No.7045 of 2019, on 27.11.2019; in case of one of the Directors, namely, Surindar Kumar, the Hon’ble Apex Court has directed for his release on bail on 08.10.2020. In view of all these above and in the absence of any material suggestive of the fact that there is scope for the Petitioner to flee from justice and tamper the evidence, he urges for grant of bail to the Petitioner.

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Mr. S. Nayak,learned Special Public Prosecutor, C.B.I. opposes the move. It is his submission that the petitioner being

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the Zonal Head of the Company was very much associated with the activities of the Company in collecting the money from innocent persons with false assurance through various floated investment schemes meant for the purpose of cheating. He submits that in course of investigation, it has so far surfaced that a sum of Rs.39.00 lakhs from out of the said collected amount has been transferred to the personal account of this Petitioner. It is also his submission that the Company, in question, was having activities in various States and even as per the declaration of the Company around Rs.75.00 crores have been collected from the innocent depositors of the State of Orissa. It is his submission that the other Directors, who had been granted anticipatory bail by this Court way back in the year 2013are now absconders and their whereabouts is not known. He submits that they had never come forward to cooperate with the investigation. He, however, does not dispute that the petitioner is in custody since 09.05.2019 and as against the Director who has been granted bail by the Hon’ble Apex Court the prosecution case stands that he had taken a sum of Rs.76.00 lakhs from the Company’s account to his personal account.

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Considering the submissions made and on going through the materials on record, further keeping in view the surrounding circumstances including the period of detention of the Petitioner in custody as also the factum of grant of bail to other co-accused persons such as one of the Directors and two Branch Heads, while being inclined to reconsider the prayer for bail of this petitioner; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will furnish cash security of Rs.20.00 lakhs

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(Rupees Twenty lakhs) in the form of bank deposit and shall also furnish property security worth of Rs.20.00 lakhs (Rupees twenty lakhs) free from all encumbrances that he will appear in person on each date of posting of the case before the said court; that he shall not leave the State of Odisha without prior permission of the court in seisin of the case; that he shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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………………..

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D. Dash,J.

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Ramesh Patro v. Republic of India (Cbi)

Case brief

What is this about?

What did the court decide?

Ramesh Patro v. Republic of India (Cbi)

Case brief

What is this about?

What did the court decide?

What the court decided

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