Sameer Mishra vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in G.R Case No.19 of 2023 pending on the file of learned J.M.F.C. (City), Cuttack arising out of Badambadi P.S. Case No.13 of 2023 for commission of the alleged offence under Sections 419/420/406 IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 1st Addl. Sessions Judge, Cuttack by order dated 03.04.2023 in the aforementioned case, the present BLAPL has been filed.

The allegation against the present Petitioner is that impersonating himself as the son of the original land owner Sudhansu Mohanty, the Petitioner deputed the Informant to the tune of 15,50,000/-.

It is further submitted that the Petitioner is in custody since 17.1.2023 and as charge sheet has already been filed on 6.3.2023, his further continuance in custody is not warranted.

It is the further submission of the learned counsel that admittedly the amount was transferred to the account of the owner who passed away in the meanwhile and in the affidavit it is stated that an amount of Rs.1,69,447/- has been transferred to his account.

Such submission is refuted by the learned counsel for the Informant as well as learned counsel for the State.

Learned counsel for the State, on instruction, submits that the total amount of Rs.4 lakhs has been transferred to the account of the Petitioner and his mother including the amount of Rs.1,69,447/-, which has been adverted to hereinabove. It also comes to fore that the Petitioner has two criminal antecedents of similar nature.

Considering the same and taking into account that this is an economic offence, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to depositing a sum of Rs.5 lakhs as cash security and unencumbered property security to the tune of Rs.10 lakhs to the satisfaction of the learned Court in seisin. Cash security and unencumbered property security shall be subject to result of the lis. It shall be open to the Informant to seek release of the cash security in accordance with law.

It is made clear that the direction for cash security is being imposed taking into account that this is an economic offence and the Petitioner is admittedly a history sheeter of committing offences of similar nature and direction for depositing the amount has been passed as a deterrent as per ratio decided in the case of Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation and another, (2022) 10 SCC 51.

Further, it is directed that the Petitioner shall not in any way try to intimidate the Informant and/or his family members. It shall be open to the prosecution to seek variance of this order, in the event there is any threat perception. Learned Court in seisin is requested to fix the terms so as to ensure his presence on each date of trial.

The BLAPL thus stands disposed of.

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

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