Disposed¶19

Manisha Das v. State of Odisha

Orissa HC15 Mar 2024ABLAPL/911/2024

Case brief

AI extract

What is this about?

Orissa High Court Cuttack; ABLAPL 911/2024; anticipatory bail Section 438 CrPC refused; conditional bail upon surrender within three weeks; cash security deposit Rs.10,000/- each; IPC Sections 294, 34, 409, 417, 420; cheating/fraud/gold ornaments withheld; FIR allegations gold loan not disbursed ornaments not returned; Berhampur Town Police Station Case No.27 of 2024; G.R. Case No.182 of 2024; S.D.J.M. Berhampur; Justice Chittaranjan Dash; disposed 15.03.2024; Manisha Das; J. Sahoo advocate; S. Patra ASC.

What did the court decide?

Anticipatory bail under Section 438 Cr.P.C. declined; instead, the Petitioners were directed that if they surrender and move for regular bail within three weeks they shall be admitted to bail on terms set by the court concerned, subject to a cash deposit of Rs.10,000/- each. ¶19

Manisha Das Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the Petitioners in apprehension of arrest for their alleged involvement in offences under Sections 294/34/409/417/420 IPC in connection with Berhampur Town P.S. Case No.27 of 2024.

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Court's answer

Taking account of the submissions, the nature of allegations, the circumstances appearing and the seriousness and gravity of the offences, this Court was not inclined to grant anticipatory bail to the Petitioners.

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Ratio / Principle

The Petitioners were directed that, if they surrender and move for bail in connection with Berhampur Town P.S Case No.27 of 2024 within three weeks hence, they shall be admitted to bail on terms and conditions deemed just and proper by that court, subject to a cash deposit of Rs.10,000/- (rupees ten thousand) each.

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Key takeaways

Admission to bail in lieu of anticipatory bail was expressly conditioned on the Petitioners surrendering and moving for bail within a period of three weeks in connection with Berhampur Town P.S Case No.27 of 2024.ratio¶19

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack | ABLAPL No.911 of 2024 | Order dated 15.03.2024 | Justice Chittaranjan Dash. Anticipatory bail under S.438 Cr.P.C. was NOT granted to the Petitioners (Manisha Das and another) despite the Court weighing the nature, seriousness and gravity of the alleged offences under Ss.294/34/409/417/420 IPC arising out of an FIR alleging that gold ornaments entrusted for a gold loan were neither lent against nor returned (Berhampur Town P.S. Case No.27 of 2024 / G.R. Case No.182 of 2024, S.D.J.M., Berhampur). Instead, the Court directed that if the Petitioners surrender and move for bail within three weeks, they shall be admitted to bail on terms fixed by that court, subject to a cash deposit of Rs.10,000/- each; the ABLAPL was disposed of accordingly.

Manisha Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manisha Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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