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M. Ashok @ Asohk & Another vs State Of Odisha

Orissa High Court · Decided on 11 May 2023 · Citation: (2023) 05 OHC CK 0180

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 379
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5158 Of 2023
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Judgment

14 paragraphs · 373 words

V. Narasingh, J

1.

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

2.

The Petitioners are accused in G.R. Case No.692 of 2022 pending on the file of learned J.M.F.C., Pattamundai arising out of Pattamundai P.S. Case No.692 of 2022 for commission of the alleged offence under Section 379 IPC.

3.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Asst. Sessions Judge, Pattamundai by order dated 4.5.2023 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 9.3.2023 on the accusation of snatching away cash of Rs.1 lakh from the Informant.

5.

It is further submitted that since investigation has progressed substantially, the Petitioners may be released on bail.

6.

Learned counsel for the State opposes the prayer for bail keeping in view the criminal proclivity as noted in the order of rejection.

7.

Taking into account the period of custody, progress in investigation and nature of accusation, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

It is apt to note that it is on record that the Informant being in need of money for the treatment of his wife had made premature withdrawal of his fixed deposit amount which was allegedly snatched from him.

9.

Keeping in view such special circumstance, this Court directs the Petitioners to deposit Rs.1 lakh in the court below as a condition precedent for their release. Learned Court below shall permit the Informant to seek withdrawal of that amount on execution of indemnity bond without prejudice to the rights of the Petitioners.

10.

Before releasing the Petitioners on bail, learned Court in seisin shall make an enquiry and record a finding that the amount involved (Rs.1,00,000/-) has not been recovered in the meanwhile and has not been paid back to the Informant. If the same has been done, there would be no need for the Petitioners to deposit Rs.1 lakh as directed before being released.

11.

The BLAPL thus stands disposed of.

12.

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

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