Disposed

Rabindra Kumar Jena v. State of Odisha

Orissa HC16 May 2024BLAPL/2660/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC by an accused aged about 69 years, in custody since 06.01.2023 in a case involving alleged fraud on a public sector bank through fraudulent documents. Considering the detention period and age of the accused, the court granted bail with conditions including property security and appearance on every trial date.

What did the court decide?

Petitioner released on bail on bond of Rs.40,000 with two local solvent sureties; property security of Rs.2,00,000 to be furnished; appearance on each date directed.

Rabindra Kumar Jena Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2660 of 2024

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Rabindra Kumar Jena

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.....

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Petitioner

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Represented By Adv. - Nikunja Kumar Rout

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Mr.M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

ORDER

Order No.

16.05.2024

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

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Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents as well as statement of the witnesses.

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This is an application under Section 439 of the Criminal Procedure Code.

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The Petitioner is an accused in G.R. Case No.372 of 2013 arising out of Jagatpur P.S. Case No.105 of 2013 pending in the court of learned J.M.F.C. (R), Cuttack for commission of offence punishable under Sections 419/420/468/471/120-B of Indian Penal Code.

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Page 1 of 3.

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It is submitted by learned counsel for the Petitioner that the Petitioner is in custody since 06.01.2023. It is further submitted that the charge sheet has been filed in the meantime although the investigation of the case is still kept open. Learned counsel for the Petitioner also contended that the petitioner is aged about 69 years and is permanent resident of village Laxminarayanpur in Cuttack District. Therefore, there is no chance of his absconding. He further submitted that the Petitioner is ready in willing to abide by any terms and conditions that will be imposed by this court.

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Leaned Additional Standing Counsel for the State on the other hand oppose the bail application on the ground that he is involved the financial crime and that a public Sector by bank has been defrauded by filing fraudulent documents and filed the Petitioner is beneficiary of such cost. Accordingly, it is submitted that the bail application filed by the Petitioner be rejected at this juncture otherwise the same is in factual in view of petition as well as the trial.

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Considering such submission made by learned counsels appearing for the parties and upon a careful scrutiny of the surrounding facts and circumstances and further taking into consideration the period of detention of the Petitioner as well as the age of accused, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.40,000/(rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

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Page 2 of 3.

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It is open for the Court in seisin over the matter to impose other conditions as may be deemed just and proper.

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It is further directed that while imposing condition, the Court in seisin over the matter shall impose a condition whereby the Petitioner shall furnish property security to the tune of Rs.2,00,000/- to the satisfaction of the Court in seisin over the matter. Further, he shall appear before the trial court on each and every date. Violation of any of the terms and conditions shall entail cancellation of bail.

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The Bail Application is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra )

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Judge

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RKS

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Page 3 of 3. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 17-May-2024 18:01:21

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Signature Not Verified

Rabindra Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rabindra Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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