Seshadeba Baral Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

Seshadeba Baral Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail declined; conditional direction issued that upon surrender before the court in seisin within four weeks and filing of a bail application, the trial court shall release the Petitioner on bail on terms it deems just and proper, with copies of this order and the Mediation Report dated 30.05.2024 to be produced to the trial court.

Issue for consideration

Whether the Petitioner should be granted pre-arrest bail under Section 438 of Cr.P.C. in connection with Dhauli P.S. Case No.254 of 2023 (C.T. Case No.1808 of 2023) for alleged offences under Sections 420, 466, 468 of I.P.C.

Court's answer

In view of the amicable settlement of the dispute arrived at on 30.05.2024 and the factual background of the case, the Court was not inclined to grant pre-arrest bail to the Petitioner.

Ratio / Principle

It is directed that if the Petitioner surrenders before the court in seisin over the matter within four weeks from the order and moves an application for bail, that court shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper; the Petitioner must approach the trial Court with a copy of this order and the Mediation Report dated 30.05.2024.

Detailed headnote1 paragraphs

Anticipatory bail (S. 438 Cr.P.C.) - ABLAPL No.686 of 2024 - Petitioner sought pre-arrest bail in Dhauli P.S. Case No.254 of 2023 / C.T. Case No.1808 of 2023 (J.M.F.C.-V, Bhubaneswar) for alleged offences under Sections 420, 466, 468 I.P.C. - On the Court's direction the matter went to the Orissa High Court Mediation Centre and the parties agreed to an amicable settlement on 30.05.2024 - In view of the settlement, the Single Judge (A.K. Mohapatra) declined pre-arrest bail but directed that if the Petitioner surrenders before the court in seisin within four weeks and applies for bail, that court shall release him on bail on just and proper terms, producing this order and the Mediation Report dated 30.05.2024 - ABLAPL disposed of (Order dt. 11.07.2024).

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.686 of 2024

Seshadeba Baral

..... Petitioner

Represented By Adv. - Shib Shankar Mohanty

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. - M/s Susant Ku. Baral, J. Sahoo, M.k. Biswal

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

11.07.2024

Order No.

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Dhauli P.S. Case No.254 of 2023, corresponding to C.T. Case No.1808 of 2023, pending in the court of learned J.M.F.C.-V, Bhubaneswar, for alleged commission of offences punishable under Sections 420, 466, 468 of I.P.C.

As per the direction of this Court, the matter was referred to the Orissa High Court Mediation Centre for amicable resolution of the dispute between the parties. Accordingly, the parties appeared before the learned Mediator appointed by the Orissa High Court Mediation Centre. On perusal of the report of the Mediator, it appears that on

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30.05.2024, the parties have agreed to settle the matter amicably.

In view of the aforesaid settlement of the dispute arrived at on 30.05.2024 and considering the factual background of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, and the Petitioner is directed to approach the trial Court with a copy of this order and a copy of the Mediation Report of dated 30.05.2024.

6. Accordingly, the ABLAPL is disposed of.

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: 16-Jul-2024 13:45:56

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