Anjan Kumar Sathpathy vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Nabarangpur P.S. Case No.523 of 2023 corresponding to G.R. Case No.1655 of 2023 for the offences under Sections 408/420 of the IPC pending in the Court of learned S.D.J.M., Nabarangpur.

The allegation as per the F.I.R. is that the informant working as DGM and Regional Head, IDBI Bank, Berhampur region. He received telephonic call from Assistant Officer of I.D.B.I. Bank, Nabarangpur about shortage of cash at branch vault on 15.12.2023. As per instruction of the General Operation Manager, the informant and Swarup Dutta came to Nabarangpur Branch and on verification they found that there is a shortage of Rs.1.00 crore in the bank. Subsequently, they verified the C.C.T.V. footage on 1.12.2023 and 2.12.2023 and found that the accused person, who is the Branch Head, had taken the said money in cash from the branch vault on said dates for onward remittance to the currency chest of State Bank of India. But the said amount has neither been deposited at State Bank of India nor returned to the Branch. It is further alleged that the accused person is the Branch head and it is suspected that he might have misappropriated the money. Hence, the F.I.R. was registered and make good the entire amount subsequently.

Learned counsel for the petitioner submits that in the meanwhile, the petitioner had arranged Rs.10.00 lakhs and deposited with the Bank. On instruction, he submits that the petitioner being a responsible officer, he knows his responsibility and he will undertake to return the money which he has taken from the currency chest of the Bank. He further submits that the petitioner will deposit Rs.10.00 to Rs.15.00 lakhs within one month from the date of his release.

The petitioner had approached the learned Additional Sessions Judge –cum- Special Court under POCSO, Nabarangpur praying for grant of bail. The learned Court below vide its order dated 22.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 19.12.2023 and the willingness of the petitioner to refund the money, which he has taken from the currency chest, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper with further conditions, which are as follows:

(i) The petitioner shall cooperate with the investigation and

(ii) The petitioner shall not tamper with the evidence in any manner whatsoever.

(iii) The petitioner shall deposit the amount as undertaken within one month from the date of his release.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of..

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