Allowed

K.Srinivas v. State of Odisha

Orissa HC24 Jul 2023BLAPL/3008/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner, an accused in a cheating case, citing the need for release after investigation conclusion while ensuring his presence at trial and cooperation with ongoing probes involving an absconding co-accused.

What did the court decide?

Petitioner released on bail on terms to be fixed by the Court in seisin, including not leaving territorial jurisdiction and appearing for trial.

K.Srinivas Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3008 of 2023

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K. Srinivas

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Petitioner

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Mr. A. Mishra, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. T.K. Praharaj, SC

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CORAM: JUSTICE V. NARASINGH

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ORDER 24.07.2023 Order No. 07. 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is an accused in connection with C.T. Case No.7951 of 2022, pending in the file of learned J.M.F.C.-II, Bhubaneswar, arising out of Infocity P.S. Case No.390 of 2022 for alleged commission of offences under Sections 420/34 of IPC. 3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1^st Additional Sessions Judgecum-Special Judge, Vigilance, Bhubaneswar by order dated 14.03.2023 in the aforementioned case, the present BLAPL has been filed. 4. It is submitted by the learned counsel that the petitioner is in custody since 25.12.2022 on the allegation that he along with co-accused duped innocent farmers to invest assuring them of supplying poultry products including chicks and feed.

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Page 1 of 3

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It is further submitted by the learned counsel that since investigation has been concluded and in fact trial has commenced, there is no justification of the petitioner being confined to custody, since charge sheet has been filed on 21.02.2023 inter alia under Section 420/34 of IPC.

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Learned counsel for the State submits that in the meanwhile matter has been taken up for investigation by the crime branch and further complicity of the petitioner is being probed and hence releasing the petitioner at this stage would derail the ongoing investigation.

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He relies on the instruction submitted to him.

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On perusal of the said instruction, it is seen that sum of Rs.2,40,000/- was allegedly transferred to the account of the petitioner on 09.12.2022 and further sum of Rs.1,47,000/- is allegedly stated to have been transferred from one Kotak Mahindra Bank Account of “FARMERS CHOICE” to the tune of Rs.1,47,000/-

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This Court also perused the statement of the informant examined as P.W.1.

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Since the trial is continuing, this Court is refraining from making any observation qua the statement of P.W.1-informant.

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Considering the period of custody and keeping in view the dictum of Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another , reported in 2022 (10) SCC 51 , this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Taking note of the legitimate concern expressed by the learned Public Prosecutor to ensure the presence of the petitioner,

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it is directed that the petitioner shall not leave the territorial jurisdiction of the learned Court in seisin without its expression permission and shall appear on each date of trial. Learned Court to fix such other terms as being necessary to ensure his presence on each date of trial.

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It is needless to state that since the co-accused is admittedly absconding, the petitioner shall cooperate with the ongoing investigation. In the event he does not extend the desired cooperation, it shall be open to the prosecution to seek variance of this order.

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Accordingly, the BLAPL stands disposed of. 15. Urgent certified copy of this order be granted as per rules.

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Santoshi

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(V. NARASINGH)
Judge

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 25-Jul-2023 20:45:00

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K.Srinivas v. State of Odisha

Case brief

What is this about?

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K.Srinivas v. State of Odisha

Case brief

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