Sandhya Rani Parida Vs Mamata Mallik — Orissa HC (2026) — LawSathi Research

Sandhya Rani Parida Vs Mamata Mallik — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim release of the gold ornaments to the Petitioner upon her furnishing a Bank guarantee of Rs.8,02,000/- (initially valid for one year, to be extended before expiry if the trial is not concluded), subject to the final outcome of the lis and to further conditions to be imposed by the learned Trial Court to ensure the identity of the ornaments is not tampered with.

Issue for consideration

Whether the gold ornaments kept as mortgage (Gold Account No.1784/MDL/002677 & 1784/MUL/13443) may be released to the Petitioner-Complainant while the trial remains pending, subject to her furnishing security for the value involved.

Court's answer

Release of the gold items is conditioned on the Petitioner furnishing a Bank guarantee of Rs.8,02,000/-, initially valid for one year and to be extended before expiry in the event the trial is not concluded.

Ratio / Principle

The gold items as stated in the gold valuation certificate shall be released in favour of the Petitioner subject to the final outcome of the lis.

Key takeaways

Further conditions are to be imposed by the learned Trial Court to ensure that the identity of the ornaments is not tampered with.ratio¶24
The learned Trial Court is requested to make an endeavour to conclude the trial by November 2026, as indicated in the status report.ratio¶25

Detailed headnote1 paragraphs

CRLREV No.98 of 2026 (High Court of Orissa at Cuttack, Justice V. Narasingh, order dated 13.07.2026): Revision by the Complainant, aggrieved by the JMFC, Cuttack order of 22.12.2025 in Crl. Misc. Case No.111 of 2023 (arising out of 1.C.C. Case No.342 of 2023, as printed) rejecting her Section 451 Cr.P.C. prayer for release of gold ornaments kept as mortgage in Gold Account No.1784/MDL/002677 & 1784/MUL/13443. With the status report (per order dated 22.06.2026) showing the trial likely to conclude by end of November 2026, and the ornaments valued at Rs.8,01,798/- against an admitted loan-plus-interest of about Rs.4,00,000/-, the High Court disposed of the revision by directing that the gold items be released to the Petitioner subject to the final outcome of the lis, upon her furnishing a Bank guarantee of Rs.8,02,000/- initially valid for one year and to be extended before expiry if the trial is not concluded, with further conditions to be imposed by the Trial Court to ensure the identity of the ornaments is not tampered with; the Trial Court was requested to endeavour to conclude the trial by November 2026.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.98 of 2026

Sandhya Rani Parida

… Petitioner

Mr. B. Tripathy, Advocate

-versus-

1. Mamata Mallik

…. Opposite Parties

2. Guru Charan Mallik

3. Muthoot Finance Pvt. Ltd., Link Road, Arunodaya Market

Mr. A. N. Das, Advocate

CORAM: JUSTICE V. NARASINGH

ORDER

13.07.2026

Order No.

09. 1. Learned counsel, Mr. A. N. Das, appears on behalf of Opposite Party No.1 and 2. There was no appearance on behalf of Opposite Party No.3 when the matter is called.

Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

Being aggrieved by the order passed by the learned JMFC, Cuttack dated 22.12.2025 in Crl. Misc. Case No.111 of 2023 arising out of 1.C.C. Case No.342 of 2023 rejecting the prayer of the PetitionerComplainant for release of the Gold ornaments kept as mortgage in Gold Account No.1784/MDL/002677 & 1784/MUL/13443 in exercise of powers under Section

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451 of Cr.P.C., the present revision petition has been preferred.

In terms of the order dated 22.06.2026, status report regarding the stage of trial has been received indicating that the trial is likely to be concluded by end of November, 2026. 5. Referring to the same, learned counsel for the Opposite Party submits that the prayer for release ought not to be entertained.

A valuation report regarding the gold valuation certificate regarding the ornament has been submitted. The same is on record and shall be treated as a part of this order which indicates that the value of such ornaments is Rs.8,01,798/-. 7. Learned counsel for the Petitioner submits that since admittedly the loan along with the accrued interest comes to about Rs.4,00,000/-, the Petitioner may be permitted to take the Gold on furnishing the security of such amount.

Considering the rival submissions in view of the lis, which is pending, this Court directs that on Petitioner’s furnishing Bank guarantee of Rs.8,02,000/- which shall be initially valid for a period of one year and shall be extended before expiry, in the event, the trial is not concluded, the Gold items as stated in the Gold valuation certificate shall be released in favour of the Petitioner subject to final out-come of the lis, on further conditions to be

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imposed by the learned Trial Court to ensure that the identity of the ornaments are not tampered with.

The learned Court is requested to make an endeavour to conclude the trial by November, 2026 as indicated.

Accordingly, the criminal revision stands disposed of.

(V. NARASINGH) Judge

Jina

Signature Not Verified

Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 15-Jul-2026 11:08:04

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