Durga Charan Pradhan Vs State Of Odisha

Savitri Ratho, J

This is an application under Section 439 of Cr.P.C. in connection with Bharatpur P.S. Case No.392 of 2023 corresponding to C.T. Case No.1205 of 2023, pending in the Court of the learned J.M.F.C.-V, Bhubaneswar under Sections 120-B, 465, 467, 468, 471, 420 of IPC.

The prayer for bail of the petitioner had been rejected on 2. 01.2024 by the learned 2nd Addl. Sessions Judge, Bhubaneswar in B.A.No.2362 of 2023.

The prosecution allegation in brief is that the daughter of the informant wanted to purchase a piece of land in Bhubaneswar. She came across an advertisement in the Odia Daily newspaper, ‘the Samaj’ dated 31. 12.2022 and contacted the builder Abhishek Sethi, who deputed one K.Krishna Reddy and Bikash Sethi who showed the complainant a developed land located at Mauza:Gangapada of Jatni Tahasil, Khurda. The informant visited the office of Abhisek Sethi and his partner, Asutosh Ojha and he offered the informant a plot of land at the rate of Rs.310/- per sq ft. Thereafter, the informant has made payment to the builder on different dates and he was shown a patch of land belonging to the present petitioner. A sum of Rs.13.00 lakhs has been transferred to the account of the petitioner on 19.04.2023 by the informant and Rs.1,50,000/- was collected by Abhisek Sethi towards registration and other legal expenses. In total a sum of Rs.20.00 lakhs had been paid by the informant to the three accused persons. On 21.04.2023, sale deed was executed by the petitioner for an area of 6000 sq ft. in the name of the informant and his wife but a false and fabricated sketch map was given by showing existence of road on both sides of the land. After receipt of the ROR, the informant applied for conversion of the land to homestead on 19.06.2023 and got to know that the purchased land was at a different place, far away from the land actually shown before registration. So, he lodged F.I.R. The petitioner was arrested on 13.12.2023 and thereafter he has returned the amount of Rs.13.00 lakhs to the informant and also given another demand draft for Rs.6.00 lakhs in the name of one Subash Chandra Mohanty and Pravasini Mohanty.

On the submission of Mr. P.S.Nayak, learned counsel for the petitioner that after registration of the FIR, the amount of Rs.13.00 lakhs has been deposited in the bank account of the informant on 18.09.2023 and sale deed in respect of the disputed property has been executed by the wife of the informant in favour of the petitioner on 21.09.2023, on 16.01.2024, the learned State Counsel was directed to obtain instructions alongwith case diary and criminal antecedents of the petitioner.

Pursuant to order dated 16.01.2024, Ms. S.Mishra, learned Addl. Standing Counsel has produced the up-to-date case diary, wherein it has been mentioned that on 24.01.2024 the informant has appeared in the police station and stated that as the amount of Rs.13.00 lakhs has been returned to him and the matter has been settled between him and the petitioner he is not interested to proceed further in the matter and has no objection if the petitioner is released on bail.

As the money of the informant has been returned to the informant and the disputed land sold back to the petitioner, I am inclined to allow the prayer for bail.

The petitioner- Durga Charan Pradhan shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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