Sudhansu Sekhar Nayak Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Sudhansu Sekhar Nayak Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail refused; ABLAPL disposed of with liberty to the petitioner to surrender before the court below within two weeks from the date of receipt of the certified copy of this order and to move for bail; on doing so, release on bail subject to deposit of Rs.50,000 towards cash security (without prejudice to the rival claims) and on such terms and condition as the court below may deem fit and proper to impose.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in connection with Ghasipura P.S. Case No.375 of 2023 / G.R. Case No.613 of 2023 (offence under Sections 409/34 of IPC) pending before the learned N.G.N., Ghasipura.

Court's answer

Having regard to the nature of the accusations and the materials on record (case diary prima facie showing the petitioner's involvement), the learned Judge was not inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

Instead of granting anticipatory bail, the ABLAPL was disposed of, granting the petitioner liberty to surrender before the court below within two weeks from the date of receipt of the certified copy of this order and to move for bail there.

Key takeaways

In such event (i.e., upon surrendering and moving for bail), the petitioner shall be released on bail subject to deposit of Rs.50,000 towards cash security, without prejudice to the rival claims, and on such terms and condition as the court below may deem fit and proper to impose.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail refused — conditional disposal. The petitioner (Sudhansu Sekhar Nayak), apprehending arrest in connection with Ghasipura P.S. Case No.375 of 2023 corresponding to G.R. Case No.613 of 2023 pending before the learned N.G.N., Ghasipura for alleged offence under Sections 409/34 of IPC — having allegedly taken Rs.30,00,000/- out of the total amount stolen from ten ATMs by the co-accused — applied for anticipatory bail (ABLAPL No. 2031 of 2024). Learned State Counsel produced the case diary containing materials which prima facie showed the petitioner's involvement. Having regard to the nature of the accusations and the materials on record, the Hon'ble Mr. Justice Sashikanta Mishra declined to grant anticipatory bail; instead, the ABLAPL was disposed of granting liberty to the petitioner to surrender before the court below within two weeks from receipt of the certified copy and to move for bail, whereupon he shall be released on bail subject to deposit of Rs.50,000 towards cash security (without prejudice to the rival claims) and on such further terms and conditions as the court below may deem fit and proper to impose.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2031 of 2024

Sudhansu Sekhar Nayak

..... Petitioner Mr. S. Kar, Adv.

-Versus-

State of Odisha

..... Opp.Party Addl. Standing Counsel

CORAM:

THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

13.05.2024

Order No.

2.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

The petitioner is apprehending arrest in connection with Ghasipura P.S. Case No.375 of 2023 corresponding to G.R. Case No.613 of 2023 pending in the court of learned N.G.N., Ghasipura for the alleged commission of offence under Sections 409/34 of IPC.

The allegation against the petitioner is that he had taken Rs.30,00,000/-, out of the total amount that was stolen from ten ATMs by the co-accused.

Learned State Counsel has produced the case diary, which contains materials, prima facie, showing involvement of the petitioner in the alleged occurrence.

Having regard to the nature of accusations and the materials on record, I am not inclined to grant anticipatory bail to the petitioner. The ABLAPL is however, disposed of granting liberty to the petitioner to surrender before the court below within two weeks from the date of receipt of certified copy of this order and to move for bail. In such event, he shall be released on bail subject to deposit of Rs.50,000/towards cash security which shall be without prejudice to the rival claims and on such terms and condition as the court below may deem fit and proper to impose.

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The ABLAPL is disposed of.

Issue urgent certified copy as per Rules.

(Sashikanta Mishra)

A.K. Rana

Judge

Signature Not Verified

Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 14-May-2024 11:35:51

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