Allowed

Mahendra Mohato v. State of Odisha

Orissa HC15 Dec 2023BLAPL/10189/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed bail to the petitioner in a robbery case under Section 395 IPC. The court held that since only a co-accused stated and investigation completed, releasing him serves no purpose.

What did the court decide?

Petitioner released on bail by the trial court subject to conditions of not committing crime, not influencing witnesses, reporting monthly, and attending courts.

Mahendra Mohato Vs State of Odisha — Cheating and Forgery | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10189 of 2023

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Mahendra Mohato

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… Petitioner

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Mr.Sanjay Shanker Singhdeo, Advocate vs.

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State of Odisha

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... Opposite Party Mr.S.S.Pradhan, AGA

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

15.12.2023

Order No.

(Through hybrid mode)

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This application under Section 439 of Cr.P.C. has been filed

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in connection with Bhawanipatna Sadar P.S. Case No.210 of 2023 corresponding to C.T. Case No.584 of 2023, pending in the Court of the learned S.D.J.M., Bhawanipatna registered under Section 395 of IPC. Charge sheet dated 23.10.2023 has been filed against 13 persons including the present petitioner under Sections 395 of IPC alongwith Section 25/27 of the Arms Act.

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The prayer for bail of the petitioner had been rejected vide order dated 19.08.2023 passed by the learned Addl. Sessions Judge, Bhawanipatna in BLAPL No.266 of 2023.

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The prosecution allegation in brief is that on 15.06.2023, the

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co-accused, Rajkishore Nag who was known to the informant, had approached him to sell old gold worth Rs.13,05,000/- .When the

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informant came with the money, Rajkishore Nag asked the informant to accompany him to his house. On the way near Bhawanipatna Railway gate, he called him to a tree near Baiparu Rasta where 10-15 persons had concealed himself and they threatened the informant and took away Rs.13,05,000/- from him showing him pistol and bhujali and also threatened to kill him.

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Mr. S.S.Singhdeo, learned counsel for the petitioner appearing from the virtual High Court at Bhawanipatna submits that the petitioner has not been named in the FIR. Other than the statement of co-accused, Rajkishore Nag there is no other material to connect him with the said crime. He further submits that the petitioner does

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not have any criminal antecedents and as investigation is over, no useful purpose will be served by detaining the petitioner any further in custody.

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Mr. S.S.Pradhan, learned Addl. Government advocate opposes the prayer for bail stating that huge amount of money has been looted by the accused persons and only a part of the money has been recovered for which the petitioners should not be released on bail.

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Considering the nature of materials collected against the petitioner which is the statement of the co-accused and as investigation has been completed in the meanwhile, I am inclined to

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allow the prayer for bail.

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Let the petitioner– Mahendra Mohato be released on bail by

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the learned Court below in seisin over the matter on such terms and conditions as deemed fit and proper, subject to verification of his criminal antecedents, including the following conditions:

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(i) He will not indulge in any criminal activity while on bail.

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(ii)He will not threaten or try to influence prosecution witnesses while on bail.

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(iii) He will report before the IIC, Bhawanipatna Sadar Police Station once a month on a Sunday or a Monday between 4.00 P.M. to 5.00 P.M. till conclusion of trial.

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(iv) He will remain present in Court on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

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Violation of any condition will entail in cancellation of bail.

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The BLAPL is accordingly disposed of.

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

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A copy of this order be supplied to Mr.S.S.Pradhan, learned

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Addl. Govt. Advocate for onward transmission to the IIC,

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Bhawanipatna Sadar Police Station.

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Bichi Signature Not Verified

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Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 17-Dec-2023 08:05:34

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………………………...

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(SAVITRI RATHO) JUDGE

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Mahendra Mohato v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mahendra Mohato v. State of Odisha

Case brief

What is this about?

What did the court decide?

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