Debakanta Sagadia Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Debakanta Sagadia Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional pre-arrest bail protection: petitioner to surrender within three weeks and move for bail, whereupon he shall be released on bail by the learned Court in seisin on terms deemed just and proper, subject to verification of criminal antecedents; the order is not to be given effect if any criminal antecedent is found; petitioner to cooperate with the ongoing investigation; ABLAPL disposed of accordingly.

Issue for consideration

Whether the petitioner, arraigned for offences punishable under Sections 409/420/463/468/34 IPC in G.R. Case No.273 of 2017 (arising out of Mathili P.S. Case No.49 of 2017), should be protected by pre-arrest bail.

Court's answer

Taking into account the nature of allegations and the punishment prescribed, the Court directs that on surrendering within three weeks and moving for bail, the petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedent of any nature.

Ratio / Principle

If it comes to the fore that the petitioner has any criminal antecedent, this order shall not be given effect to.

Key takeaways

The petitioner shall cooperate with the ongoing investigation.obiter¶25

Detailed headnote1 paragraphs

Orissa High Court (V. Narasingh, J.), order dated 27.10.2025 in ABLAPL No.9903 of 2025, Debakanta Sagadia v. State of Odisha: (i) corrected the offence description in paragraph-1 of the earlier order from 'Section 463 of IPC' to 'Section 467 of IPC'; (ii) dealt with the petitioner's prayer for pre-arrest bail in G.R. Case No.273 of 2017 pending before learned J.M.F.C., Mathili, arising out of Mathili P.S. Case No.49 of 2017, for offences punishable under Sections 409/420/463/468/34 IPC; (iii) recorded, in terms of the order dated 01.09.2025, that the amount involved (Rs.2,40,000/-) had been deposited with the SHG (Self Help Group) for defalcation of the two funds for which the FIR was instituted; (iv) taking into account the nature of allegations and the punishment prescribed, directed that on surrendering within three weeks and moving for bail, the petitioner be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedent of any nature, the order being inoperative if any criminal antecedent is found; (v) directed the petitioner to cooperate with the ongoing investigation; ABLAPL stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9903 of 2025

Debakanta Sagadia …. Petitioner

Mr. T.K. Mishra, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. S. N. Das, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

Order

27.10.2025

No.

02.

It is submitted that inadvertently the description of the offence in paragraph-1 has been wrongly stated as “Section 463 of IPC” instead of the correct offence i.e. “Section 467 of IPC”. The “Section 463 of IPC” as mentioned in the paragraph-1 shall be treated as “Section 467 of IPC”

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.273 of 2017 pending on the file of learned J.M.F.C., Mathili, arising out of Mathili P.S. Case No.49 of 2017 for commission of

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offences punishable under Sections 409/ 420/ 463/ 468/ 34 of IPC.

Learned counsel for the State in terms of the order dated 01.09.2025 submits that in the meanwhile the amount involved i.e. Rs.2,40,000/has been deposited with the SHG (Self Help Group), for defalcation of two funds for which the FIR was instituted.

It is submitted by the learned counsel for the Petitioner that taking into account the amount which is fortified by the submission of the learned counsel for the State and that the Petitioner has no criminal proclivity, he may be protected by prearrest bail.

Learned counsel for the State opposes the prayer for pre-arrest bail.

Taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of any nature.

If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

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It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

V. NARASINGH) Judge

Jina

Signature Not Verified

Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 29-Oct-2025 11:21:39

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