Disposed

Arati Kamila v. State of Odisha

Orissa HC12 Dec 2023ABLAPL/8875/2023

Case brief

AI extract

What is this about?

The High Court of Odisha disposed of an anticipatory bail petition without granting relief. The Court found no conclusive evidence of the petitioner's complicity regarding alleged spurious gold pledged to a bank. She was granted liberty to surrender within two weeks and seek regular bail.

What did the court decide?

Liberty granted to surrender within two weeks and move for bail on conditions including cooperation in investigation and regular court appearance.

Arati Kamila Vs State of Odisha — Cheating and Forgery | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No. 8875 of 2023

¶3

Arati Kamila …. Petitioner

¶4

Mr. J.K. Khuntia, Advocate

¶5

-Versus -

¶6

State of Odisha

¶7

….

¶8

Opposite Party

¶9

Additional Standing Counsel

¶10

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

12.12.2023

Order No. 04.

This matter is taken up through hybrid mode.

¶15

Heard learned counsel for the petitioner and

¶16

learned counsel for the State.

¶17

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.

¶18

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

¶19

Page 1 of 3

¶20

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.

¶21

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.

¶22

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.

¶23

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, she shall be released on bail on such terms and condition as the court below may deem fit and proper to impose

¶24

Page 2 of 3

¶25

including the following conditions:-

¶26

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

¶27

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

¶28

The ABLAPL is disposed of.

¶29

Urgent certified copy of this order be granted on

¶30

proper application.

¶31

( Sashikanta Mishra) Judge

¶32

B.C. Tudu

¶33

Signature Not Verified

¶34

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

¶35

Page 3 of 3

Arati Kamila v. State of Odisha

Case brief

What is this about?

What did the court decide?

Arati Kamila v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sk. Mamud @ Mabud @ Mabood Vs State of Odisha

Siba Charan Behera Vs State of Odisha

Ujal Chhatria Vs State of Odisha

Jadab Mirdha Vs State of Odisha

Prasanta Kumar Panda Vs State of Odisha

Shashidhara Sahu Vs State of Odisha