Mohan Padhi vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Golanthara P.S. Case No.414 of 2023 corresponding to G.R. Case No.1427 of 2023 pending in the file of learned Judicial Magistrate First Class(Rural), Cog. Berhampur for commission of offences punishable Under Sections 457/380/413/34 of IPC, on the allegation of receiving stolen gold as mortgage for the Finance Company as the Branch Manager of Muthoot Finance towards sanction of loan to beneficiaries.

Heard, Ms. P. Naidu, learned counsel for the Petitioner and Mr. S.N.Nayak, learned ASC in the present matter and perused the record.

The only ground on which the bail application of the Petitioner has been resisted to by learned AGA is the criminal antecedents of the Petitioner for similar nature, but it appears from the record that the present Petitioner’s involvement is prima facie for offence U/S. 413 of Cr.P.C. and the Petitioner has been detained in custody since 06.10.2023 with substantial progress in the investigation.

For the reasons stated hereinbefore and after having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the Petitioner, so also the accusations made against him and on going through the materials placed on record including the mode and manner of implication of the Petitioner and regard being had to the pre trial detention of the Petitioner in custody since 06.10.2023 and release of co-accused Santosh Laxman Gaikwad on bail in BLAPL No. 13764 of 2023, 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 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 in the course of trial 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 territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay.

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 for similar/grave type of offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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