Allowed

Munfed Khan v. State of Odisha

Orissa HC16 May 2023BLAPL/1821/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed bail to the petitioner in a cheating, forgery, and IT Act case triable by Magistrate. The court imposed conditions regarding the deposit of a credited sum in installments with cash security.

What did the court decide?

Petitioner released on bail with bond of Rs.50,000 and two sureties, subject to depositing 25% of credited amount as security and the remaining balance in three equal monthly installments.

Munfed Khan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1821 of 2023

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Munfed Khan …. Petitioner

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Mr.P. Nayak, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mrs.Susamarani Sahoo Addl.Standing Counsel

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CORAM: JUSTICE S.K. SAHOO ORDER Order No. 16.05.2023 03. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and

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Order No.

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learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.6256 of 2022 arising out of EOW, Bhubaneswar P.S. Case No.19 of 2022 pending in the Court of learned S.D.J.M., Khordha for offences punishable under sections 419/420/467/468/ 471/120-B of the Indian Penal Code and sections 66(C)/66(D) of the Information Technology Act, 2000.

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The petitioner moved an application for bail before the Court of learned 1^st Additional Sessions Judge -cum-

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// 2 //

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Special Judge, Vigilance, Bhubaneswar, which was rejected on 05.11.2022.

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As per the order dated 08.05.2023 passed in its connected BLAPL No.11205 of 2022, the learned counsel for the State has produced the letter dated 09.05.2023 received from the Inspector of Police, EOW, CID, CB, Bhubaneswar, from which it appears that a sum of Rs.2,69,276.30/-(rupees two lakhs sixty-nine thousand two hundred seventy six and thirty paise only) has been credited to the petitioner’s account.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 20.10.2022 and the offences are triable by Magistrate and the petitioner is ready and willing to deposit the amount in question before the Court below and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper with further conditions that the petitioner shall furnish cash security of 25% (twenty five percent) of the amount credited to his account as per the letter dated 09.05.2023 received from the Inspector of Police,

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EOW, C.I.D., C.B., Bhubaneswar at the time of his release on bail and give an undertaking to deposit the balance amount in three equal monthly installments and the first installment of which shall commence a month after his release on bail. The cash security, if deposited, shall be kept in short term fixed deposit scheme in any Nationalized Bank which shall be renewed from time to time till conclusion of the trial and its disbursement shall be subject to the judgment of the learned trial Court. If the petitioner fails to deposit any of the installments within time to be stipulated by the learned trial Court, the learned Court in seisin over the matter would be at liberty to cancel the order of bail and take the petitioner to judicial custody.

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Accordingly, the BLAPL is disposed of.

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Violation of any terms and conditions shall entail cancellation of bail.

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

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A copy of the order be communicated to the learned trial Court forthwith.

( S.K. Sahoo)

Judge

Sipun

Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 17-May-2023 14:53:51

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Munfed Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Munfed Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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