Manoj Kumar Sahoo vs State Of Orissa

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 petitioner for grant of bail in connection with C.T. Case No. 482 of 2023 arising out of Mancheswar P.S. Case No.163 of 2023 pending in the file of learned JMFC-II, Bhubaneswar for commission of offences punishable under Sections 420/294/506/34 of IPC, on the allegation of cheating the Informant for a sum of Rs. 13,00,000/- on the pretext of selling a piece of land.

Mr. A.K. Sahoo, learned counsel for the Petitioner by filing a comprehensive affidavit stated to be sworn in by the wife of the Petitioner submits that the Petitioner is languishing inside jail custody since 14.04.2023, but three out of seven cases, the Petitioner has already been granted bail and in the present case, charge-sheet has already been submitted. The comprehensive affidavit be kept on record.

On the other hand, Mrs. S.R. Sahoo, learned ASC, however, strongly opposes the bail application of the Petitioner by submitting inter-alia that the Petitioner is a habitual offender and he should not be released on bail.

Considering the rival submissions and materials placed on record as well as taking into consideration the submission of charge-sheet and regard being had to the pre trial detention of the Petitioner since 14.04.2023 and last but not the least, keeping in view the law laid down by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773, this Court admits the Petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each 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 petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

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

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday of every week in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody and

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner 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 petitioner in future for similar 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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