Sailabala Mishra And Others Vs State Of Odisha

V. Narasingh, J

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

The Petitioners are accused in connection with G.R. Case No.254 of 2023 pending on the file of learned J.M.F.C., Polasara, arising out of Polasara P.S. No.256 of 2023 for commission of offence alleged under Sections 420/294/506/34 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District and Sessions Judge, Kodala, Ganjam by order dated 21.06.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioners are in custody since 09.05.2023 and the allegation against them is that they duped the informant a sum of Rs.6,00,000/- (Rupees Six Lakhs) on the assurance of providing them job in AIIMS Bhubaneswar.

It is on record that an amount of Rs.3,00,000/- (Rupees Three Lakhs) was paid through bank transaction and the rest of Rs.3,00,000/- (Rupees Three Lakhs) cash was paid to the Petitioner No.1.

It is submitted by the learned counsel that in the meanwhile, a sum of Rs.1,00,000/- (Rupees One Lakh) has been returned to the Informant and as charge sheet has already been filed on 31.08.2023, they may be released on bail.

And, it is further submitted that taking into account that the Petitioner No.1 is a lady and the Petitioner No.2 is aged about 72 years and there is no specific allegations against Petitioner No.3, further continuance of the Petitioners in custody is not warranted.

Learned counsel for the State as well as informant oppose the prayer for bail.

It is brought to the notice of this Court that the Petitioners have criminal antecedents of similar nature and hence merely because charge sheet has been filed and a part of the amount has been returned, they ought not to be enlarged on bail.

An affidavit has been filed at the behest of the Petitioner No.1 indicating that willingness to furnish Rs.2,00,000/- (Rupees Two Lakhs) cash security. Said affidavit is taken on record.

Taking into account the nature of allegations and the filing of the charge sheet, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin on Petitioner No.1 depositing cash security to the tune of Rs.2,00,000/-(Rupees Two Lakhs).

It is made clear that the direction for furnishing the cash security is being made taking into account the offence in question is an economic offence and the antecedent of the Petitioners in terms of the law laid down by the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51.

It is further directed that the amount so deposited, shall be subject to the final outcome of the case at hand and the informant shall be at liberty to seek release of the said amount of Rs.2,00,000/- (Rupees Two Lakhs) in accordance with law.

It is made clear that the amount, as directed above is without prejudice to the rights of the Petitioners and it ought not to be construed as expressing any opinion regarding the complicity of the Petitioners which has to be adjudicated during impending trial.

Additionally, it is directed that Petitioners shall appear before the jurisdictional police station once in two months 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.

Accordingly, the BLAPL stands disposed of.

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

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