Allowed

Manoj Kumar Pattnaik v. State of Odisha

Orissa HC6 Nov 2023BLAPL/6637/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail petition filed under Section 439 of Cr.P.C. regarding the petitioner's custody in a Mancheswar P.S. case. The court was inclined to grant bail subject to stringent terms to be imposed by the court seisin of the matter.

What did the court decide?

Bail granted, subject to stringent terms to be imposed by the court seisin of the matter after hearing the respective counsels.

Manoj Kumar Pattnaik Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 6637 of 2023

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Manoj Kumar Pattnaik …. Petitioner Mr. S.C.Mohapatra, Sr. Counsel Instructed by Mr. S. Mohapatra, Advocate

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-versus-

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State of Odisha …. Opp.Party

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Mr. T.K.Praharaj, SC

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CORAM:

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JUSTICE M.S.SAHOO

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ORDER

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06.11.2023 Order No. Hybrid Mode

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04 . 1. The BLAPL has been filed under Section 439 of Cr.P.C.

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by the petitioner seeking his release, who is in jail custody in connection with Mancheswar P.S. Case No.499 of 2022 corresponding to C.T. Case No.8037 of 2022 pending in the court of learned J.M.F.C.-II, Bhubaneswar for alleged commission of offence under Section 420 of IPC.

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Learned senior counsel for the petitioner reiterates his submissions as noted in the order dated 18.10.2023 passed in BLAPL No. 6630 of 2023 and reflected in the present petition in order dated 18.10.2023. The order dated 18.10.2023 in BLAPL No. 6630 of 2023 was passed after hearing the learned senior counsel for the petitioner and learned Standing Counsel.

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The order dated 18.10.2023 passed in BLAPL

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No. 6630 of 2023 is reproduced herein :

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1. Learned Senior Counsel appearing for the petitioner refers to the earlier order dated 02.05.2023 passed in

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// 2 //

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BLAPL No.12357 of 2022 records of which are available for reference.

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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 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:

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“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.”

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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.

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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.

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Learned Standing Counsel also seeks time to verify and seek response to the submissions of the learned Senior Counsel made at the bar today.

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4. As prayed for, list on 06.11.2023.”

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Learned Standing Counsel for the State submits that he has received instruction from the investigating agency which is pursuant to the F.I.R. in P.S. Case No.499 of 2022 of Mancheswar P.S., Bhubaneswar.

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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

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Page 2 of 4

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// 3 //

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paragrahs 1 & 2 submits that the coordinate Bench granted bail in another connected matter that was investigated by the economic offence wing of 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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Learned senior counsel further submits that the petitioner shall abide by any terms and conditions that would be imposed by the learned court in seisin of the matter. Petitioner shall make all endeavour to take steps in terms of order dated 2.5.2023 in BLAPL No. 12357 of 2022 passed by the coordinate Bench to handover the completed houses to the purchasers. It is further submitted that the petitioner being a local person having roots in the society, he shall subject himself to the jurisdiction of learned court in seisin of the matter.

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Learned Standing Counsel referring to the allegations made against the petitioner and the materials contained in the case diary submitted by the investigating agency vehemently opposes the prayer for bail.

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Having heard learned senior counsel for the petitioner and the learned Standing Counsel for the State and considering the materials on record, this Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter. Learned court shall impose such terms and conditions after hearing

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Page 3 of 4

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// 4 //

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learned counsel for petitioner and learned Public Prosecutor.

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Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per rules.

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……………………… (M.S.Sahoo) Judge

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dutta

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Signature Not Verified

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Digitally Signed Signed by: AJIT KUMAR DUTTA Designation: Secretary Reason: Authentication Location: ohc Date: 09-Nov-2023 17:53:09

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Manoj Kumar Pattnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manoj Kumar Pattnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

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