Allowed

Chidananda Swain v. State of Odisha

Orissa HC22 Feb 2024BLAPL/259/2024

Case brief

AI extract

What is this about?

The single-judge Bench of the High Court of Orissa admitted the bail application of the petitioner, who was accused of theft, forgery, and criminal conspiracy involving illegal sand lifting. The court granted bail subject to conditions including monthly reporting to the Investigating Officer and restrictions on leaving the jurisdiction.

What did the court decide?

Petitioner admitted to bail on furnishing bonds of Rs.50,000/ with two solvent sureties each for the like amount subject to specific conditions.

Chidananda Swain Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.259 of 2024

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Chidananda Swain

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Petitioner

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Mr. B. Senapati, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mrs. S.R. Sahoo, ASC

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

01.

22.02.2024

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Kodala P.S. Case No.500 of 2023 corresponding to G.R. Case No.412 of 2023 pending in the file of learned JMFC, Kodala for commission of offences punishable Under Sections 471/ 472/ 467/ 468/ 379/ 120-B/ 409/ 420/ 34 of IPC, on the allegation of illegally lifting sand in a Truck bearing Registration No.OD-14-E-9385 and, thereby, committing theft of sand, along with co-accused persons in furtherance of their common intention.

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Heard, Mr. B. Senapati, learned counsel for the petitioners and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record.

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After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the Petitioner, so also the accusations sought to be brought against him and keeping in view the mandate of law laid down by Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773 and regard being had to the pre trial detention of the petitioner in custody as well as the progress of investigation and release of co-accused persons Biswanth Patra and Mangaraj Behera on bail in BLAPL Nos.14030 and 14033 of 2023, this Court admits the petitioners to bail.

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Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the

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Petitioner for offence U/S.229-A of IPC in accordance with law,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay

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(iv) the petitioner shall report attendance before the IO once in a week preferably on Sunday in between 10 A.M. to 12 Noon for eight weeks.

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The IO shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

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Signature Not Verified

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(G. Satapathy) Judge

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Priyajit Location: HIGH COURT OF ORI SSA Date: 23-Feb-2024 16:27:43

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Chidananda Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chidananda Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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