Allowed

Sanjay Prasad Patel @ Sanjay Prasad Pagel v. State of Odisha

Orissa HC2 Nov 2023BLAPL/10179/2023

Case brief

AI extract

What is this about?

The High Court of Orissa, in a bail application, granted bail to the petitioner subject to stringent conditions. The petitioner is in custody for alleged offences involving cheating and cyber crimes. The Court directed that local sureties be verified by the court in seisin before the petitioner's release.

What did the court decide?

Bail granted to the petitioner subject to stringent terms and conditions of the court in seisin and verification of sureties.

Sanjay Prasad Patel @ Sanjay Prasad Pagel Vs State of… — Cheating and Forgery | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 10179 of 2023

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Sanjay Prasad Patel @ Sanjay …. Petitioner Prasad Pagel

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Mr. Sougat Dash, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. T.K. Praharaj, Standing Counsel

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CORAM:

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JUSTICE M.S. SAHOO

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Order No.

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ORDER 02.11.2023 Hybrid Mode 1. The BLAPL has been filed under Section 439 Cr.P.C. seeking release on bail, by the petitioner who is in jail custody in connection with Balasore Cyber Crime & Economic Offences P.S. Case No.15 of 2022 corresponding to C.T. Case No. 648 of 2022 pending in the court of the learned JMFC, Basta for the alleged offences U/s.419/420/465/467/468/471 of I.P.C. along with Sec. 66(C) and 66(D) of I.T. Act, 2000.

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Learned counsel appearing for the petitioner submits that affidavit dated 19.10.2023 stating that the local solvent sureties have agreed to stand as sureties for the petitioner if bail is granted by this Court, has been filed in Court today. The affidavit is taken on record. Case brief and scanned copy be updated.

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Copy of the affidavit is served on the learned Standing Counsel for the State.

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Affidavit dated 19.10.2023 is filed on behalf of the petitioner by Smt. Kiran Devi, W/o. Sanjay Prasad Patel

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// 2 //

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resident of House No.58, Front Portion, Near H.M. House, Bijwasan, South West Delhi, Delhi-110061, stated to be the wife of the petitioner, wherein at para-2, the following has been stated:-

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“2. That the deponent is filing an affidavit indicating the details of local two solven sureties for the like amount to the satisfaction of the learned court in seisin of the case. The deponent is filing herewith this comprehensive affidavit in mentioning the particulars of the following persons whose names will be given as solvent sureties before the learned court in seisin of the case :-

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A. Santosh Biswal, aged about 54 years, Son of late Chema Biswal, of village-Singiri, P.S.Remuna, Dist-Balaosre, Odisha having Ac.0.32 dec. at Mouza-Purukhi, Khata No.328, Plot No.931

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B. Markanda Jena, aged about 58 years, S/oBisikeshan Jena, At/Vill: Bankatira, GP: Nizampur, PS; Balasore Sadar, Dist: Balasore having 0.36 decimil land at Mouza: Nizampur, Tahasil: Remuna, Dist- Balasore.

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Learned counsel appearing for the petitioner submits that the petitioner may be shown indulgence in view of the fact that the Final Police Report has been submitted on 21.08.2023 before the learned court in seisin of the matter. It is submitted that the petitioner shall abide by all the terms and conditions that would be imposed to ensure his participation in the trial and he shall be subject to the jurisdiction of the learned court.

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Learned Standing Counsel for the State referring to the materials contained in the case diary and the nature of allegations opposes the prayer for bail.

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However, it is not disputed at the Bar that the Final Police Report has been submitted.

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Having heard learned counsel for the petitioner and

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Page 2 of 3

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// 3 //

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learned Standing Counsel for the State, considering the materials on record, the affidavit dated 19.10.2023 filed by the wife of the petitioner, this Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter which shall also include a condition that any deviation of violation on part of the petitioner from any of the terms and conditions imposed for grant of bail, shall result in filing of the application by the Investigating Agency for cancellation of bail.

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The BLAPL is disposed of accordingly.

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It is also directed that copy of the affidavit filed before this Court today shall be produced before the learned court in seisin of the matter. The court through the Investigating Agency shall verify the contents of the affidavit regarding the local sureties as stated therein and only after being satisfied and upon compliance of all the pre-conditions and terms that would be imposed by the learned court in seisin of the matter, the petitioner shall be enlarged on bail.

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Urgent certified copy of this order be granted on proper application.

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(M.S. Sahoo) Judge

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Signature Not Verified

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Digitally Signed Signed by: GAGAN BIHARI SAMAL Reason: Authentication Location: ohc Date: 03-Nov-2023 18:00:21

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Sanjay Prasad Patel @ Sanjay Prasad Pagel v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanjay Prasad Patel @ Sanjay Prasad Pagel v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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