Pitambar Sahoo Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

Pitambar Sahoo Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail in G.R. Case No.1591 of 2020 (Lalbag P.S. Case No.321 of 2020) on a bail bond of Rs.50,000 with two local solvent sureties, subject to conditions (attendance on each trial date, no tampering with prosecution evidence, no criminal activities while on bail; violation entailing cancellation); the BLAPL accordingly disposed of.

Issue for consideration

Whether the petitioner — in judicial custody since 31.07.2021 and charge sheeted under sections 420/406/409/467/468/471/379/120-B/34 IPC — should be released on bail, considering parity with co-accused persons already enlarged on bail, the period of detention, the slow progress of the trial, and that the offences are triable by Magistrate.

Court's answer

The court decided to release the petitioner on bail, considering the submissions of both sides, the period of detention in judicial custody, the slow progress of the trial, the release of the co-accused persons on bail, and that the offences are triable by Magistrate.

Ratio / Principle

Bail granted on furnishing a bail bond of Rs.50,000 with two local solvent sureties, each for the like amount, to the satisfaction of the Court in seisin over the matter.

Key takeaways

Further terms and conditions imposed as the learned trial Court deems just and proper, including that the petitioner shall appear before the trial Court on each date of posting for trial, shall not tamper with the prosecution evidence, and shall not indulge in criminal activities while on bail; violation of any condition shall entail cancellation of bail.ratio¶24

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, BLAPL No.607 of 2024 (Justice S.K. Sahoo), order dated 12.04.2024 — bail allowed to petitioner Pitambar Sahoo under section 439 Cr.P.C. in Lalbag P.S. Case No.321 of 2020 / G.R. Case No.1591 of 2020 (Chief Judicial Magistrate-cum-Assistant Sessions Judge, Cuttack), charged under sections 420/406/409/467/468/471/379/120-B/34 IPC; in judicial custody since 31.07.2021; earlier bail application rejected by the 2nd Additional Sessions Judge, Cuttack on 23.12.2023. Bail granted considering parity with co-accused (Lala Amrut Sagar Ray, Ranjan Kumar Behera, Debasish Hazra) already enlarged on bail, the period of detention, slow trial progress, and offences triable by Magistrate; bail bond Rs.50,000 with two local solvent sureties; conditions: appearance on each trial date, no tampering with prosecution evidence, no criminal activities while on bail, violation entailing cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.607 of 2024

Pitambar Sahoo

…. Petitioner

Mr. B.P.B. Bahali, Advocate

-versus-

State of Odisha …. Opp. Party

Mr. P.B. Tripathy Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

12.04.2024

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Lalbag P.S. Case No.321 of 2020 corresponding to G.R. Case No.1591 of 2020 pending in the Court of learned Chief Judicial Magistrate -cum- Assistant Sessions Judge, Cuttack for offences punishable under sections 420/406/409/467/468/471/379/120-B/34 of the Indian Penal Code.

The petitioner moved an application for bail

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before the Court of learned 2^nd Additional Sessions Judge, Cuttack, which was rejected on 23.12.2023.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 31.07.2021 and he has been charge sheeted under sections 420/406/409/467/468/471/379/120-B/34 of the Indian Penal Code and similarly situated coaccused persons, namely, Lala Amrut Sagar Ray, Ranjan Kumar Behera and Debasish Hazra have already been released on bail and on the ground of parity and equity, the bail application of the petitioner may be favourably considered.

Learned counsel for the State after verification of the case records fairly submitted that the petitioner is similarly situated like the co-accused persons, who have been enlarged on bail.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of petitioner in judicial custody, the slow progress of the trial, release of the co-accused persons on bail and the fact that the offences are triable by Magistrate, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties

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each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial, shall not try to tamper with the prosecution evidence and shall not indulge in any criminal activities while on bail.

Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

RKM

Signature Not Verified

Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 15-Apr-2024 16:46:08

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