The High Court of Orissa disposed of a bail application filed by the petitioner under Section 439 CrPC. The court expressed an inclination to grant bail but deferred the final order of terms and conditions to the learned court in seisin of the matter.
Bail application disposed of; bail inclination noted, terms to be fixed by court in seisin of matter.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 6630 of 2023 Manoj Kumar Pattnaik ….
Petitioner
Mr. S.C.Mohapatra, Sr. Counsel
Instructed by Mr. S. Mohapatra, Advocate
-versus-
State of Odisha
…. Opp.Party
Mr. T.K.Praharaj, SC
CORAM: JUSTICE M.S.SAHOO
ORDER
06.11.2023
Order No. Hybrid Mode
10 . 1. The BLAPL has been filed under Section 439 of Cr.P.C. by the petitioner seeking his release, who is in jail custody in connection with Mancheswar P.S. Case No.498 of 2022 corresponding to C.T. Case No.8036 of 2022 pending in the court of learned J.M.F.C.-II, Bhubaneswar for alleged commission of offence under Section 420 of IPC.
1. Learned Senior Counsel appearing for the petitioner refers to the earlier order dated 02.05.2023 passed in BLAPL No.12357 of 2022 records of which are available for reference.
It is submitted by the learned Senior Counsel that in the earlier petition, the application for bail under Section 439 Cr.P.C. was filed challenging the order of rejection dated 07.12.2022 passed by the learned Presiding Officer, Designated Court under the OPID Act, Cuttack. It is further submitted that the OPID proceeding pertains to the entire property where the upcoming housing project is undertaken and there are several home buyers who had
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been assured to provide the Flats by 30.06.2017. Failure to provide the homes in time led to the proceeding under the OPID Act as per the complains of the home buyers. Learned Senior Counsel refers to the paragraph-11 of the said order which is quoted herein:
“11. Additionally, it is directed that in terms of the undertaking as given and noted hereinabove, the project in question shall be completed by the end of June, 2024 and possession shall be handed over to the prospective buyers.”
2. It is submitted that the conditions imposed by this Court in granting bail by order dated 02.05.2023 in BLAPL No.12357 of 2022 has also been frustrated due to the subsequent arrest of the petitioner in the present petition regarding the properties of the selfsame project.
3. Learned Standing Counsel for the State referring to the affidavit filed on behalf of the petitioner through his wife submits that to respond to the affidavit, he needs further time to verify the contents of the affidavit.
Learned Standing Counsel also seeks time to verify and seek response to the submissions of the learned Senior Counsel made at the bar today.
4. As prayed for, list on 06.11.2023.”
It is submitted that the averments contained in the affidavit filed on behalf of the petitioner regarding the genuineness of the power of attorney is correct. Learned counsel referring to the earlier order dated 18.10.2023 paragrahs 1 & 2 submits that the coordinate Bench granted bail in another connected matter that was investigated by the economic offence wing of the CID(CB), however, the present case has been investigated and the action has been taken by the concerned police of the Mancheswar P.S.
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Accordingly, the BLAPL is disposed of.
Issue urgent certified copy as per rules.
Signature Not Verified
Digitally Signed Signed by: AJIT KUMAR DUTTA Designation: Secretary Reason: Authentication dutta Location: ohc Date: 07-Nov-2023 16:49:25
……………………… (M.S.Sahoo) Judge
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2 issues framed by the court
Whether to grant bail to the petitioner detained in connection with a cheating case under Section 420 IPC.
What terms and conditions should be imposed on the bail if granted.
1 provisions across 1 enactments
Manoj Kumar Pattnaik
State of Odisha
M. S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
