Tilaram Dharua Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

Tilaram Dharua Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail declined; however, if the Petitioners surrender and move for bail within three weeks, they shall be admitted to bail on terms deemed just by the learned S.D.J.M., Jharsuguda, subject to deposit of Rs.5,000/- each and a condition not to alienate the property till the crop loan subsists without Bank permission.

Issue for consideration

Whether the Petitioners, apprehending arrest in connection with Laikera P.S. Case No.250 of 2023 / C.T. Case No.1791 of 2023 for alleged offences under Sections 468, 471, 420, 406 and 120-B IPC, are entitled to anticipatory bail under Section 438 Cr.P.C.

Court's answer

On consideration of the submissions, the nature of allegations, the circumstances appearing, and the seriousness and gravity of the offences, the Court was not inclined to grant anticipatory bail.

Ratio / Principle

If the Petitioners surrender and move for bail in connection with the said case within three weeks, they shall be admitted to bail on such terms and conditions as the learned S.D.J.M. deems just and proper, subject to deposit of Rs.5,000/- each.

Key takeaways

A further condition imposed is that the Petitioners cannot alienate the deposited property till the crop loan subsists without the permission of the Bank; the ABLAPL was disposed of accordingly.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — S. 438 Cr.P.C. — alleged offences under Ss. 468/471/420/406/120-B IPC arising out of Laikera P.S. Case No.250 of 2023 / C.T. Case No.1791 of 2023 (S.D.J.M., Jharsuguda), concerning title documents of the Informant's landed properties lying with the Bank — Considering the nature of allegations, circumstances, and seriousness and gravity of the offences, the Court declined anticipatory bail, but directed that if the Petitioners surrendered and moved for bail within three weeks, they be admitted to bail on terms deemed just by that court, subject to deposit of Rs.5,000/- each and a condition not to alienate the property till the crop loan subsists without the Bank's permission — ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 266 of 2024

Tilaram Dharua & another

…. Petitioners

Mr. B.S. Dasparida, Advocate

-versus-

State of Odisha

Opp. Party

Mr. D.Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH

ORDER

Order No.

05.03.2024

Heard learned counsel for the Petitioners and the State.

By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s.468/471/420/406/120-B of IPC.

From the allegations, it appears that the documents with regard to the landed properties of the Informant are lying with the Bank which the Bank may release in favour of the beneficiaries upon execution of the proper documents to avoid inconvenience of the beneficiaries.

Considering the submissions of the learned counsels for the parties, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection to

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Laikera P.S. Case No.250 of 2023 corresponding to C.T. Case No.1791 of 2023 pending in the court of learned S.D.J.M., Jharsuguda within a period of three weeks hence, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to deposit of Rs.5,000/-each (Rupees Five Thousand only) in the manner to be directed by the court to its satisfaction with further condition that they cannot alienate the same till the crop loan is existing without the permission of the Bank. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash)
Judge
Bijay

Signature Not Verified

Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 08-Mar-2024 10:19:37

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