Disposed¶23

Aurobinda Santra v. State of Odisha

Orissa HC5 Feb 2025BLAPL/281/2025

Case brief

AI extract

What is this about?

Odisha High Court bail order; BLAPL No. 281 of 2025; Aurobinda Santra v. State of Odisha; Managing Director arrested though not named in FIR; parity with co-Directors Manoj Kumar Panda and Saroj Kumar Panda already released on bail; no direct specific allegation against petitioner; Sections 420/34 IPC; Nayapali P.S. Case No. 160 of 2023; C.T. Case No. 367 of 2023; J.M.F.C-III Khurda at Bhubaneswar; Rs. 19,90,760/- paid into company account; condition of personal appearance before trial court on each date without representation; lenient view; bail granted.

What did the court decide?

Release of the petitioner on bail on such terms and conditions as the court below may deem fit and proper to impose, including personal appearance before the trial court on each date of posting of the case without representation. ¶23

Aurobinda Santra Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner — Managing Director of M/s. Odyssa Homes & Commercials Pvt. Ltd., not named in the FIR and against whom there is no direct specific allegation, while the Directors (principal accused) have already been released on bail — should be released on bail.

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Court's answer

Since the Directors, who can be treated as the principal accused persons, have already been released on bail and there is no direct specific allegation against the petitioner, the Court is inclined to take a lenient view and grant him bail.

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Ratio / Principle

Bail is granted on such terms and conditions as the court below may deem fit and proper to impose, including the condition that the petitioner shall personally appear before the trial court on each date of posting of the case without representation.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, BLAPL No. 281 of 2025 (Justice Sashikanta Mishra, 05.02.2025): Aurobinda Santra, Managing Director of M/s. Odyssa Homes & Commercials Pvt. Ltd., in custody since 09.08.2023 in Nayapali P.S. Case No. 160 of 2023 corresponding to C.T. Case No. 367 of 2023 (Sections 420/34 IPC) pending before J.M.F.C-III, Khurda at Bhubaneswar, granted bail. Although his name did not appear in the FIR, he was taken into custody as Managing Director; the Court observed that the Directors — Manoj Kumar Panda and Saroj Kumar Panda — who can be treated as the principal accused persons, had already been released on bail by this Court, and that there was no direct specific allegation against the petitioner. Bail granted on terms and conditions as the court below deems fit, including the condition of personal appearance before the trial court on each date of posting without representation. Prosecution case involved payment of Rs. 19,90,760/- by the informant into the company's account. BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 281 of 2025

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Aurobinda Santra

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…. Petitioner

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Represented by Mr.S.K. Das, Advocate

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-Versus -

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State of Odisha

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…. Opposite Party

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Represented by Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

05.02.2025

Order No.

This matter is taken up through hybrid mode.

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

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The petitioner is in custody since 09.08.2023 being remanded in connection with Nayapali P.S. Case No. 160 of 2023 corresponding to C.T. Case No. 367 of 2023 pending in the Court of learned J.M.F.C-III, Khurda at Bhubaneswar for the alleged commission of offence under Sections 420/34 of IPC.

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The prosecution case is that a sum of Rs.19,90,760/- was paid by the informant into the account of the company M/s. Odyssa Homes & Commercials Pvt. Ltd.. The petitioner happens to be the Managing Director of the said company. His name does not find place in the FIR. However, being the Managing Director, he was taken into custody. It is not disputed that one Manoj Kumar Panda and Saroj Kumar Panda are the Directors of the company. Both of

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them have in the meantime been released on bail as per order passed by this Court. There is no specific allegation as against the petitioner, save and except the fact that he being the Managing Director of the Company was also involved in the alleged occurrence.

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Taking into consideration the fact that the Directors, who can be treated as the principal accused persons, have already been released and there is no direct specific allegation as against the petitioner, I am inclined to take a lenient view.

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Let the petitioner be released on bail on such terms and conditions as the court below may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without representation.

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The BLAPL is accordingly disposed of.

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( Sashikanta Mishra) Judge

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BC. Tudu

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Signature Not Verified

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Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cutt ack Date: 06-Feb-2025 17:13:26

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Aurobinda Santra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Aurobinda Santra v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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