Allowed

Manoj Kumar Pattnaik v. State of Odisha

Orissa HC6 Nov 2023BLAPL/6639/2023

Case brief

AI extract

What is this about?

The High Court of Orissa exercised its discretion under Section 439 CrPC by granting bail to the petitioner against bail pending the conclusion of his trial at the lower court level. The court imposed stringent conditions on the release, with final terms to be framed by the court in seisin after hearing both sides.

What did the court decide?

The petitioner was granted bail subject to stringent terms and conditions to be imposed by the court in seisin of the matter.

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 BLAPL No. 6639 of 2023 Manoj Kumar Pattnaik ….

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…. Petitioner

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Mr. S.C.Mohapatra, Sr. Counsel

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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: JUSTICE M.S.SAHOO

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ORDER

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06.11.2023

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Order No. Hybrid Mode

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5 . 1. The BLAPL has been filed under Section 439 of Cr.P.C. seeking by the petitioner seeking his release, who is in jail custody in connection with ICC No. 2138 of 2018 registered before the learned S.D.J.M., Bhubaneswar, relating to Saheed Nagar P.S. Case No.242 of 2018 corresponding to C.T. Case No.2328 of 2018 pending in the court of learned J.M.F.C.-III, Bhubaneswar for alleged commission of offence under Section 420/406 of IPC.

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Learned senior counsel for the petitioner submits that informant/complainant Khalli Mohanty in 1C.C. No. 2138 of 2018 is also a co-accused in C.T. Case No. 4376 of 2018 and in the said case, the learned Addl. Sessions Judge, Bhubaneswar has granted bail to Shri Mohanty by order dated 15.11.2018 in B.A. No. 229/1500 of 2018. It is submitted present petitioner is the seller of the property/flat to the said Shri Mohanty and after default of the loanee to service the loan, the bank has lodged

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// 2 //

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complaint, thereafter the subsequent investigation has happened and the petitioner has been arrested.

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It is submitted that the petitioner is 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 learned Standing Counsel for the State, and considering the material 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.

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Learned court shall impose such terms and conditions after hearing learned counsel for petitioner and learned Public Prosecutor.

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The BLAPL is disposed of accordingly.

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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: 07-Nov-2023 16:49:26

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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?

What the court decided

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