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Judgment
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. 140 of 2023 arising out of Koksara P.S. Case No.133 of 2023 pending in the file of learned JMFC, Koksara for commission of offences punishable under Sections 420/34 of IPC, on the allegation of cheating a sum of Rs. 1,40,000/- from different persons of her locality in the garb of M/s. Madhumayee Trust at Koksara.
Heard, Mr. S.N. Mishra(4), learned counsel for the Petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record. Mr.S.N.Mishra(4), learned counsel for the Petitioner submits that in the meanwhile, four witnesses including the Informant has already been examined, but no material is forthcoming against the Petitioner. On the other hand, Mrs. S.R. Sahoo, learned ASC by filing the written instruction received from IIC, Koksara PS submits that the financial implication of the Petitioner is near about Rs.10,00,000/- and thereby, she having prima facie involved in this case is not entitled to release on bail.
After having considered the the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the pre trial detention of the Petitioner since 29.05.2023 and trial having already commenced with examination of the informant as PW-4 and regard being had to the status of the Petitioner as a lady and the mandate of first proviso appended to Section 437 Cr.P.C., 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 her attendance is dispensed with,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,
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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