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Judgment
17 paragraphs · 570 wordsV. Narasingh, J
1.This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and Learned Mr. D.Mohanty, learned AGA and Mr. B.B. Choudhury for the informant.
The petitioner is accused in EOW-CID, CB P.S. Case No.12 of 2022 corresponding to C.T. Case No.3832 of 2022, pending before the learned S.D.J.M., Bhubaneswar, under Sections 406/420/467/468/471/120-B of IPC.
Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge-cum-Special Judge, Vigilance, Bhubaneswar, by order dated 22.07.2022 in the aforementioned case, the present BLAPL has been filed.
The petitioner is in custody since 30.06.2022 for allegedly duping the informant to the tune of Rs.65,90,070.00/-(Rupees sixty five lakhs ninety thousand seventy).
Learned Senior counsel Mr. Nayak submits that even if the entire allegation of the prosecution is accepted at the face value, it’s a inter-se dispute between the informant and the petitioner having no societal ramification and it is submitted that taking into account that the allegations more or less relate to commercial transaction, further continuance of the petitioner in custody is punitive.
Per contra, the learned counsel for the State, Mr. D.K. Mohanty, AGA and learned counsel for the informant Mr. B.B. Choudhury submitted that there are cogent materials on record to establish that the petitioner had no intention whatsoever to honor his commitment from the inception and the offence under section 420 of IPC and allied offences are clearly made out. It is also further submitted that the ongoing investigation would be impeded by release of the petitioner at this stage.
On a conspectus materials on record, taking into account the nature of the allegations and the punishment prescribed, this court feels that the end of justice is sub served if the petitioner is directed to be released on bail on certain conditions.
It is so directed that on submitting cash security to the tune of Rs. 20,00,000/-(rupees twenty lakhs), petitioner shall be released on bail. Such amount shall be kept in an interest bearing account pledged in favour of the Court in seisin over the matter and shall abide by the final outcome of the case at hand. Additional terms to be fixed by the learned Court in seisin.
Additionally it is directed that the petitioner shall not travel beyond the boundary of the State till the conclusion of the investigation without the express permission of the Court in seisin over the matter and shall appear before the Investigating Officer as and when summoned for which he shall furnish his present address and mobile number.
If the Investigating Agency feels that the petitioner is not extending the desired cooperation, it shall be open to the Investigating Agency to approach this Court for variance of this order.
As agreed to by learned counsel for both the petitioner and the informant so far as the balance amount, which is tentatively assessed as Rs.45,90,070.00/-(rupees forty five lakhs ninety thousand seventy), the matter may be settled through the ADR of mediation for which both sides shall appear before the Mediation Center of Orissa High Court on receipt of notice.
The registry is requested to send a copy of this order to the learned Coordinator of the Mediation Centre to do the needful.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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