Dismissed

Pallavi Mishra @ Pallavi Hota v. State of Odisha

Orissa HC10 Jul 2023BLAPL/4422/2022

Case brief

AI extract

What is this about?

Cuttack High Court disposed of two bail applications under Section 439 CrPC against petitioners charged with cheque forgery and economic offences. The court rejected bail, citing the nature of the offence, the huge amount involved from innocent depositors, and the public interest.

What did the court decide?

Both bail applications were disposed of in the negative; petitioners not released on bail.

Pallavi Mishra @ Pallavi Hota Vs State of Odisha — Money Laundering | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.4422 of 2022

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Pallavi Mishra @ Pallavi …. Hota

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Petitioner

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Mr.B.P. Pradhan, Advocate

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-versus-

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State of Odisha (O.P.I.D.) ….

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Opp. Party

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Mr.J.P. Patra
Standing Counsel (O.P.I.D.)
Mr. J. Sahu, Advocate for the
informant
BLAPL No.3884 of 2022
Satyaranjan Hota …. Petitioner
Mr.B.P. Pradhan, Advocate
-versus-
State of Odisha (O.P.I.D.) …. Opp. Party
Mr. J.P. Patra
Standing Counsel (O.P.I.D.)
Mr. J. Sahu, Advocate for the
informant

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

10.07.2023

Both the matters are taken up through Hybrid arrangement (video conferencing/physical mode).

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Since both the applications arise out of one case,

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with the consent of the learned counsel for the parties, the same are taken up and are disposed of by this common order.

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Heard Mr.B.P. Pradhan, learned counsel for the petitioners and Mr. J.P. Patra, learned Special Counsel appearing for the State of Odisha in O.P.I.D. matters as well as Mr. J. Sahu, learned counsel for the informant.

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Both the applications are under section 439 of Cr.P.C. in connection with C.T. Case No.4 of 2022 arising out of Dhenkanal Town P.S. Case No.131 of 2022 pending in the Court of learned Presiding Officer, Designated Court under the O.P.I.D. Act, Cuttack for offences punishable under sections 420/406/467/468/ 471/120-B/506/34 of the Indian Penal Code read with sections 4/5/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 read with section 6 of the Odisha Protection of Interests of Depositors Act, 2011.

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The petitioners, Pallavi Mishra @ Pallavi Hota (in BLAPL No.4422 of 2022) and Satyaranjan Hota (in BLAPL No.3884 of 2022) moved applications for bail before the Court of learned Presiding Officer, Designated Court under the O.P.I.D. Act, Cuttack, which were rejected on 13.05.2022 and 31.03.2022 respectively.

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The prosecution case is that both the petitioners

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Pallavi Mishra @ Pallavi Hota (in BLAPL No.4422 of 2022) and Satyaranjan Hota (in BLAPL No.3884 of 2022) having ill intention came in contact with the informant Kamalakanta Sahu and they induced the informant and his friends to deposit money in share market to get high interest. Being allured by such false assurance, the informant and his friends deposited money in the petitioners’ company since 2018 and had been issued with bond papers. The depositors were returned with some amount of interest for some period for creating faith in their company. Subsequently, since the year 2021, both the petitioners did not return any money or interest on the principal amount to the depositors. Thereafter, when the petitioners were compelled to return the money, petitioner Satyaranjan Hota issued cheques of his company and the cheques of the account number registered in his name by forging his signatures. When the cheques were deposited for payment, the signature of the petitioner Satyaranjan Hota did not match with the specimen signature submitted to the bank earlier. Thereafter, when they were asked to return the principal amount, he reported that he has lost the same.

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It is further ascertained from the F.I.R. that both the petitioners have collected Rs.1,00,00,000/(rupees one crore) from the informant,

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Page 3 of 6

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Rs.74,00,000/- (rupees seventy four lakhs from one Subrata Das, Rs.3,00,000/- (rupees three lakhs) from one Jyotiranjan, Rs.2,00,000/- (rupees two lakhs) from the mother of one Surjit Sahu, Rs.56,00,000/(rupees fifty six lakhs) from one Rajiv Lochan Sahu, Rs.2,00,000/- (rupees two lakhs) from one Manas Ranjan Sahu, Rs.17,00,000/- (Rupees seventeen lakhs) from one Madhusudan Sahu and Rs.5,00,000/(Rupees five lakhs) from one Pabitra Moharana. On 10.03.2022 when both the petitioners were found by the informant and his friends at Rathgada L.I.C. colony, Dhenkanal and they urged them to return the money and asked as to why he had issued cheques putting false signatures, both the petitioners threatened the informant with dire consequences if he would report the matter in the police station against them and their company.

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Thereafter, the informant Kamalakanta Sahu and another presented a written report at Dhenkanal police station which was registered as Dhenkanal Town P.S. case No.131 dated 11.03.2022 and both the petitioners have been forwarded and subsequently the charge of investigation of this case has been taken over by E.O.W. P.S., Bhubaneswar and accordingly, E.O.W. P.S. Case No.10 dated 27.04.2022 was registered against both the petitioners.

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Learned counsel for the petitioners submitted that petitioner Satyaranjan Hota is in judicial custody since 14.03.2022 and Pallavi Mishra @ Pallavi Hota is also in judicial custody since 05.05.2022 and they have been charge sheeted under sections 420/406/ 467/468/471/120-B/506/34 of the Indian Penal Code read with sections 4/5/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 read with section 6 of the Odisha Protection of Interests of Depositors Act, 2011 and the investigation has been kept open and since there is no chance of absconding, the bail application may be favourably considered.

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Learned counsel for the State submitted that the total amount that has been collected from the depositors giving false assurance is Rs.5,24,36,700/(five crores twenty four lakhs thirty-six thousand seven hundred).

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When the matter was taken up on 14.03.2023, after going through the affidavit filed by the father-inlaw of the petitioner Pallavi Mishra @ Pallavi Hota, this Court directed the said petitioner to deposit a sum of Rs.15,00,000/-(rupees fifteen lakhs) before the learned Presiding Officer, Designated Court, O.P.I.D. Act, Cuttack but such amount has not yet been deposited.

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Learned counsel for the petitioners submitted that the petitioners can at best deposit a sum of Rs.

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8,00,000/- (rupees eight lakhs) before the learned trial Court and once they are released on bail, they will try to arrange the money and make further deposit.

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Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation, the huge amount collected from the innocent persons on the bedrock of false assurances and since it is an economic offence which is considered grave offence and it is committed with cool calculation and deliberate design which has far reaching impact on the society and keeping in view the larger interest of public and State, I am not inclined to release the petitioners on bail.

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Both the bail applications stand disposed of. Issue certified copy as per Rules. ( S.K. Sahoo) Judge

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Sipun

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Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 10-Jul-2023 18:41:35

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Pallavi Mishra @ Pallavi Hota v. State of Odisha

Case brief

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Pallavi Mishra @ Pallavi Hota v. State of Odisha

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