Disposed

Prasanta Kumar Panda v. State of Odisha

Orissa HC12 Dec 2023ABLAPL/8783/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an ABLAPL petition. After noting insufficient independent evidence of the petitioner's complicity in a cheating case involving spurious gold, the Court denied anticipatory bail but granted liberty to surrender and move for bail within two weeks.

What did the court decide?

Liberty to surrender before the S.D.J.M., Balasore within two weeks of receipt of certified copy of this order and to move for bail.

Prasanta Kumar Panda Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 8783 of 2023

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Prasanta Kumar …. Petitioner Panda

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Mr. M. Padhi, Advocate

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-Versus -

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State of Odisha …. Opposite Party Additional Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

12.12.2023

Order No. 04.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending arrest in connection with Balasore Town P.S. Case No. 213 of 2023 corresponding to C.T. No. 661 of 2023 pending in the court of learned S.D.J.M., Balasore for the alleged commission of offence under Sections 420/406/409/34 of IPC.

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Learned State Counsel has obtained instructions and produced the case dairy, which I have perused carefully. As to the question posed by this Court on the previous occasion, learned State Counsel submits that initially loan was sanctioned on some quantity of gold being pledged by the loanee, which was certified as

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genuine and of good quality by the Bank’s panel goldsmith, namely, Chagala@Padmalochan Rana. Suspicion arose for the first time in the year 2023 when the loanee defaulted in repayment of the loan. This prompted the bank to requisition the services of another goldsmith, who being deputed by the head office, examined the gold and found the same to be spurious.

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It is submitted by learned State Counsel that the petitioner happens to be acquainted with the said Chagala@Padmalochan Rana and they connived to defraud the bank by certifying spurious gold pledged by the petitioner as being of high value.

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This Court however finds that save and except the confessional statement of co-accused– Chagala@Padmalochan Rana. There is no other acceptable evidence on record to prima facie show the complicity of the petitioner in the alleged occurrence. It is stated at the bar that other co-accused persons have in the meantime been released on bail.

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In such view of the matter, while not being inclined to grant anticipatory bail to the petitioner, the ABLAPL is disposed of granting liberty to the petitioner to surrender before the court below within two weeks from the date of receipt of certified copy of this order and to move for bail. In such event, he shall be released on bail on such terms and condition as the court below may deem fit and proper to impose

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including the following conditions:-

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i. He shall appear before the IO as and when required by the IO and render full cooperation in the investigation.

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ii. He shall appear before the court in seisin over the matter on each date of posting of the case without seeking representation.

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The ABLAPL is disposed of.

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Urgent certified copy of this order be granted on

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proper application.

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( Sashikanta Mishra) Judge

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B.C. Tudu

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Signature Not Verified

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Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cutt ack Date: 13-Dec-2023 10:16:42

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Prasanta Kumar Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prasanta Kumar Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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