Allowed

Jyoti Prava Acharya v. State of Odisha

Orissa HC10 Mar 2023BLAPL/1949/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application by the petitioner, an elderly female accused in an IPC cheating case. Despite her failure to appear previously, the Court released her on bail under Section 437(1) Cr.P.C. due to her gender and age, imposing strict reporting and surety conditions.

What did the court decide?

Petitioner released on bail on terms including weekly and monthly police reporting and an additional family surety.

Jyoti Prava Acharya Vs State of Odisha — Cheating and Forgery | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1949 of 2023

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Jyoti Prava Acharya

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Petitioner

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Mr. S.K. Nanda, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. A. Pradhan, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

10.03.2023

Order No.

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

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The petitioner is an accused in connection with G.R. Case No.79 of 2010, pending in the Court of the learned Civil Judgecum-JMFC, Daspalla, arising out of Daspalla P.S. Case No.47 of 2010, for alleged commission of offences under Sections 420/406/294/506/34 of IPC.

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Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Chief Judicial Magistrate, Khurda by order dated 10.02.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioner along with the co-accused were granted anticipatory bail by this Court by order dated 02.08.2010 in BLAPL No.11739 of 2010.

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Since the petitioner did not appear on the date fixed, NBW(A) was issued by the learned Court in seisin pursuant to which she was taken into custody on 25.01.2023.

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It is submitted by the learned counsel that the nonappearance on the date fixed was on account of reasons beyond the control of the petitioner and since the petitioner is a lady aged about 58 years, a lenient view may be taken and she may be released on bail.

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Learned counsel for the State opposes the prayer for bail in view of the conduct of the petitioner.

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Prima facie, this Court does not find any infirmity in the order of rejection as passed.

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This Court is constrained to hold that the petitioner did not honor the trust reposed in her. Yet, Considering that the petitioner is a lady in view of the first proviso to Section 437(1) of Cr.P.C., this Court directs his release on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial and post the same once every month till conclusion of trial. While fixing such date and time, learned Court in seisin is called upon to be conscious of the fact that the petitioner is a lady.

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It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family, who shall execute a P.R. bond.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rule.

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Ayesha

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Jyoti Prava Acharya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jyoti Prava Acharya v. State of Odisha

Case brief

What is this about?

What did the court decide?

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