Akash Bharati vs State Of Odisha

G. Satapathy, J

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

This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Chhendipada P.S. Case No.84 of 2023 corresponding to G.R. Case No.170 of 2023/T.R. No. 04 of 2023 pending in the file of learned C.J.M., Angul, for commission of offences punishable U/Ss.409/477(A)/420/467/468/471/120-B of IPC, on the allegation of misappropriating Rs.1,85,50,000/- (One Crore Eighty Five Lakhs fifty Thousand) from the ICICI Bank, Chhendipada Branch, Angul which was detected after finding shortage of 37,100 numbers of GC notes of Rs.500/-denomination.

Heard, Mr. R.K.Pattanaik, learned counsel for the Petitioner and Mr. P.K. Mohanty, learned ASC in the matter and perused the record. Mr. Pattanaik, learned counsel for the petitioner by drawing attention of the Court to the affidavit stated to be sworn in by father of the petitioner, submits that no bail application of the petitioner is pending before any other forum. In the course of hearing, Mr.Pattanaik further highlights that the petitioner has been detained in custody for more than a year and in the meanwhile the petitioner has already deposited Rs.22,00,000/-(Twenty Two Lakhs) to the Bank as per the evidence of PW2, but the trial is yet to be concluded and therefore, the petitioner may kindly be granted bail.

On the other hand, Mr.Rout, learned ASC, however, strongly opposes the bail application of the petitioner by inter alia submitting that since the petitioner is involved in a case of cheating of huge amount, he should not be enlarged on bail.

After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioner, as also the accusations sought to be brought against him vis-a-vis the right of the petitioner to speedy trial as guaranteed under Article 21 of the Constitution of India and regard being had to the undisputed fact that the petitioner has already undergone pretrial detention in custody since 25.02.2023 with examination of only 04 out of 21 charge sheet witnesses till today, this Court, therefore, is persuaded to grant bail to the petitioner, especially when the trial would be concluded is eventually a guess in the circumstance.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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