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Iswar Saraf & Another vs State Of Odisha

Orissa High Court · Decided on 13 April 2023 · Citation: (2023) 04 OHC CK 0131

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 420, 468, 471
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1768 Of 2023
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Judgment

13 paragraphs · 389 words

V. Narasingh, J

1.

Heard learned counsel for the petitioners and learned counsel for the State.

2.

The petitioners are accused in connection with G.R. Case No.214 of 2022 pending in the file of learned S.D.J.M., Sonepur, arising out of Sonepur P.S. Case No.234 of 2022 for commission of alleged offences under Sections 420/468/471/120-B of IPC.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Sonepur by order dated 11.01.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioners are in custody since 06.12.2022 on the allegation of pledging gold in connivance with the other co-accused below acceptable standard of purity to get gold loan.

5.

It is stated that gold loan was sanctioned in favour of the petitioners to the tune of Rs.2,22,000/- (Rupees Two Lakhs Twenty-Two Thousand Only) from the Bank and it is submitted that as the loan was sanctioned after due verification by the Bank Authorities no criminality can be attached to the act of the petitioners.

6.

Learned counsel for the State places on record that it is a case where bank officials have connived to see that the gold loans are sanctioned without gold of acceptable purity being pledged.

7.

Learned counsel for the petitioners relies on the order dated 01.03.2023 passed by this Court in respect of the co-accused in BLAPL No.330 of 2023 and order dated 14.03.2023 passed by this Court in BLAPL No.478 of 2023 and seeks release inter alia on the ground of parity.

8.

Considering the nature of allegation and filing of charge sheet on 03.02.2023 and release of the co-accused, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Additionally, it is directed that the petitioners shall not leave the jurisdiction of the learned Court in seisin without its express permission and shall appear before the I.O. once every fifteen days on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rule.

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