Regular bail under Section 439 CrPC in a cheating case arising out of a Bhubaneswar police station FIR. Investigation concluded and charge sheet filed; petitioner offered to repay balance amount. Court granted bail on furnishing bond, conditioned on refunding Rs.3,50,000 to the informant within four months, failing which bail may be cancelled.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1704 of 2024
Panchanan Behera
…. Petitioners
Mr. Gorekhanath Das , Advocate
-versus-
State of Odisha
…. Opp. Party Mr. A.P. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
19.03.2024
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investigation has been concluded and charge sheet has been filed. He further contended that the Petitioner had taken a sum of Rs.4,50,000/-, out of which, he has repaid Rs.1,00,000/- and the balance amount is to be paid by the Petitioner. In such view of the matter, learned counsel for the Petitioner submitted that there is no criminality involved and, as a result of which, no offence under Section 420 of I.P.C. is not made out. He further submitted that in the event any opportunity is provided, the Petitioner is ready and willing to repay the balance amount of Rs.3,50,000/-.
// 3 //
the Petitioner on bail shall also be subject the condition that he shall refund the balance amount as admitted by him of Rs.3,50,000/- within a period of four months from the date of his release on bail to the Informant. Further, the release of the Petitioner shall also be subject to such terms and conditions as would be deemed fit and proper by the Court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.
Debasis
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra)
Judge
Signature Not Verified
Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 21-Mar-2024 10:53:42
1 issue framed by the court
Whether the petitioner, in custody since 05.07.2023 for offences under Sections 420/294 IPC with investigation complete and charge sheet filed, should be released on regular bail subject to refund con
3 provisions across 2 enactments
Panchanan Behera
State of Odisha
A.K. Mohapatra
As recorded by the court registry
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