Anticipatory bail application in a cheating and forgery case involving a disputed loan. Pre-arrest bail was denied, but conditional post-surrender bail was directed with repayment obligations.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1358 of 2024
Jagat Jiban Nayak
..... Petitioner
Represented By Adv. - Avijit Patnaik
-versus-
State Of Odisha
..... Opposite Parties
Represented By Adv. - Samvit Mohanty, B.baivab,s.p.biswal, Mr. A.P. Das, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
09.08.2024
Order No.
Page 1 of 3.
admittedly the Petitioner had taken a sum of Rs.10,00,000/-, however, due to some difficulties he could not return the same in time. It was further contended that in the meantime the Petitioner has already repay a sum of Rs.3,00,000/- in the shape of a demand draft, which is not disputed by Mr. S. Pattnaik, learned counsel appearing for the Informant. He further submitted that the Petitioner is ready and willing to return the balance money.
i) shall cooperate with the investigation and appear before the I.O. as and when his presence is required and shall cooperate with the early conclusion of the investigation; ii) shall not indulge in any similar criminal offences; iii) shall return the balance amount of Rs.7,50,000/- as agreed by the counsels appearing for the respective parties within a period of six months from the date of his released
Page 2 of 3.
on bail;
Further, it is made clear that violation of any of the terms and conditions shall entail cancellation of bail.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge
S.K. Rout
Signature Not Verified
Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Aug-2024 14:35:10 Page 3 of 3.
1 issue framed by the court
Whether pre-arrest bail under Section 438 Cr.P.C. should be granted to the petitioner in the cheating/forgery case.
2 provisions across 2 enactments
Jagat Jiban Nayak
State of Odisha
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
