Allowed

Lopamudra Behera v. State of Odisha

Orissa HC13 Sept 2023ABLAPL/6339/2023

Case brief

AI extract

What is this about?

Appeal for anticipatory bail under Section 438 CrPC for offences under Sections 420/408 IPC. Court declined bail via anticipatory order but accepted surrender application, releasing petitioner on bail contingent upon recovering misused funds and cooperating with investigation.

What did the court decide?

Release on bail upon surrender before JMFC within four weeks, subject to recovering misused funds and cooperating with investigation.

Lopamudra Behera Vs State of Odisha — Money Laundering | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.6339 of 2023

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Lopamudra Behera

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…. Petitioner

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Mr. M.K.Chand, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P.C.Das, A.S.C.

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CORAM: JUSTICE A.K.MOHAPATRA

ORDER

13.09.2023

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard learned counsel for the petitioner as well as learned Additional Standing counsel. Perused the case record as well as the FIR.

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This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 420/408 of the Indian Penal Code.

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It is submitted by Mr. Chand, learned counsel for the petitioner that pursuant to the order passed by this Court earlier the petitioner had returned a total sum of Rs.3,46,280/-. It is further submitted that in the meantime Rs.49,866/- has already been returned on 12.09.2023.

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He further contended that steps has been taken to recover of the money from whom which has been illegally disbursed. In such view of the matter, learned counsel for the petitioner submitted that

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there was no dishonest intention on the part of the petitioner. It was also contended that the petitioner needs some more time to recover the entire amount which has been wrongly disbursed.

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Learned counsel for the state on the other hand submitted that in the event the petitioner assures this Court that he shall take some steps to return of the money which has been illegally disbursed, then he will have no objection in the event the release of the petitioner shall also be subject to stringent condition. 7. Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned JM.F.C., Cog, Kendrapara in G.R. Case No.347 of 2023 arising out of Nikirai P.S. Case No.176 of 2023 within a period of four weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case. The Petitioner is released on bail subject to the condition that he shall make every endeavor to recover the money which has been illegally disbursed and shall cooperate with the investigation and shall appear before the Police Station when required by I.O. for the purpose of investigation and shall not indulge in similar nature of offence. Violation of such conditions shall entail cancellation of the bail application.

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Signature Not Verified

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Digitally Signed

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Signed by: RUBI BEHERA Reason: Authentication Location: Orissa High Court, Cutt ack Date: 21-Sep-2023 11:49:11 Rubi

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(A.K. Mohapatra) Judge

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Lopamudra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Lopamudra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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