Iswar Saraf And Another vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the Petitioners for grant of bail in connection with G.R. Case No.305 of 2021 arising out of Sonepur P.S. Case No.324 of 2021 pending in the file of learned SDJM, Sonepur for commission of offences punishable under Sections 420/406/120-B of IPC, on the allegation of cheating UCO Bank, Sonepur Branch for an amount of Rs. 52,000,00/- along with 16 co-accused persons by furnishing spurious gold as mortgage.

In the course of hearing of the bail application, Mr. A. Mishra, learned counsel for the Petitioners submits that the Petitioners have been remanded in this case on 19.12.2022, but they are being arrested in another case on 14.12.2022. It is further submitted that even if for a moment the allegation on record are taken into consideration, the fiscal liability of the Petitioner No.1 is for 92,000/- and that of the Petitioner No.2 is 4,12,000/- and in the meanwhile, other co-accused standing on similar footing have already been granted bail in BLAPL Nos. 2731 of 2023 and 5131 of 2023 and the investigation has already been completed in this case. On these grounds, learned counsel prays to grant bail to the Petitioners.

On the other hand, Mr. S.S. Roul, learned A.S.C., however, strongly opposes the bail application of the Petitioners by inter-alia contending that the Petitioners are having two criminal antecedents to their credit and, thereby, they should be not granted bail, but on being asked, learned ASC confirms the financial liability of the Petitioner No.1 for 92,000- and that of Petitioner No.2 for 4,12,000/-.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioners and keeping in view the manner and circumstance of implication of the present Petitioners in this case and taking into account the other circumstances on record in entirety including the pre-trial detention of the Petitioners since 19.12.2022 and completion of investigation as well as release of co-accused Akash Mahala and Kartikeswara Mohapatra on bail in BLAPL Nos. 2731 of 2023 and 5131 of 2023, this Court admits the Petitioners to bail.

Hence, the bail application of the Petitioners stands allowed and the Petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties 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 Petitioners shall not commit any offence while on bail,

(ii) the Petitioners shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the Petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the Petitioners 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 Petitioners in future for grave and serious 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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