Allowed

Hemsagar Sethi v. State of Odisha

Orissa HC19 Jul 2023BLAPL/5037/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the petitioner, accused in cheque-related offences, sought release. The High Court granted bail on terms but conditioned release on verification that the charge sheet had been filed, recalling the order if not. The application was disposed of.

What did the court decide?

Petitioner to be released on bail on terms to be fixed by the lower court after verifying the status of the charge sheet.

Hemsagar Sethi 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. 5037 of 2023

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Hemsagar Sethi

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…. Petitioner

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Mr. S.K. Joshi, 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

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ORDER 19.07.2023 Order No. 03. 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.195 of 2023, pending in the file of learned S.D.J.M., Nuapada, arising out of Beltukuri P.S. Case No.23 of 2023 for alleged commission of offences under Sections 420/467/468/471/120(B) of the IPC. 3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ, Nuapada by order dated 07.04.2023 in the aforementioned case, the present BLAPL has been filed. 4. The allegation against the present petitioner is that he as the purchaser connived with the other co-accused and in a dubious manner grabbed the land belonging to the informant Premi Bai Das. 5. It is the submission of the learned counsel for the petitioner that he is the victim of the circumstances, since he has paid the consideration for the land which he purchase.

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Page 1 of 2

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Learned counsel for the State opposes the prayer for bail submitting that the petitioner had active role in the commission of the offence.

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On instruction, learned counsel for the petitioner submits that in the case at hand charge sheet has already been filed.

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An affidavit has also been filed indicating that the petitioner is an accused in two other cases though not of similar nature.

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Considering the nature of allegations and period in custody, 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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Before releasing the petitioner on bail, learned Court in seisin is called upon to verify as to whether as on the date charge sheet has been filed or not. If it comes to the fore that such submission regarding the filing of charge sheet is not correct, this order shall stand recalled.

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Accordingly, the BLAPL stands disposed of.

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

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(V. NARASINGH) Judge

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Santoshi

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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: 20-Jul-2023 21:01:33

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Hemsagar Sethi v. State of Odisha

Case brief

What is this about?

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Hemsagar Sethi v. State of Odisha

Case brief

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