The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 146 of 2024 An application under Section 439 of the Code of Criminal Procedure, 1973 -------------- BLAPL No. 146 of 2024 Tapan Kumar Prusty ..…. -versus- Petitioner State of Odisha …… Opp. Party For Petitioner : Mr. S.S. Das, Senior Advocate along with Mr. Bhabani Prasad Pradhan, Advocate Mr. S.S. Mohapatra, ASC For Opp. Party --------------------------------------------------------------------------------- : BLAPL No. 10573 of 2023 Mohammad Sajid Hussain ..…. -versus- Petitioner State of Odisha …… Opp. Party For Petitioner : Mr. Ashutosh Mishra, Advocate For Opp. Party : Mr. S.S. Mohapatra, ASC --------------------------------------------- -------------------------------- BLAPL No. 10846 of 2023 Kartika Beriha ..…. -versus- Petitioner State of Odisha …… Opp. Party For Petitioner :
Legal Reasoning
Mr. Devashis Panda, Advocate For Opp. Party : Mr. S.S. Mohapatra, ASC BLAPL No. 146 of 2024 Page 1 of 14 CORAM: HONOURABLE MISS JUSTICE SAVITRI RATHO JUDGMENT 04.04.2024 Savitri Ratho, J. These applications under Section 439 of Cr.P.C. have been filed for grant of bail to the petitioners in connection with Khordha Sadar P.S. Case No. 221 of 2023 corresponding to G.R. Case No. 706 of 2023 pending in the Court of the learned S.D.J.M., Khordha where preliminary chargesheet dated 02.10.2023 has been submitted against the petitioners for commission of offences under Sections 420, 465, 468, 471 , 120 B of the IPC and keeping the investigation open for arrest of other accused persons and examination of other students and seizure of documents. 2. These cases were listed before me as BLAPL No. 12016 of 2023
Decision
filed by Tapan Kumar Prusty had been disposed of by me on 05.12.2023. 3. The prayer for bail of the petitioner-Mohammad Sajid Hussain (in BLAPL No. 10573 of 2023) and petitioner-Kartika Beriha (in BLAPL No. 10846 of 2023) has been rejected on 11.09.2023 by the learned 1st Additional Sessions Judge, Khurda in BLAPL No. 414 of 2023. The prayer for bail of the petitioner-Tapan Kumar Prusty (in BLAPL No. 146 of 2024) has been rejected on 02.01.2024 by the learned 1st Additional Sessions Judge, Khurda in BLAPL No. 692 of 2023. 4. The prosecution allegation in brief is that the petitioner- Tapan BLAPL No. 146 of 2024 Page 2 of 14 Kumar Prusty (in BLAPL No. 146 of 2024) was working as a lecturer and the informant who had failed in the +2 Arts examinations, had gone to him for guidance regarding rechecking of papers. Instead of guiding him, the petitioner asked him for Rs.33,000/- to arrange a +2 pass certificate for him so that he could take admission in + 3 Course. The informant has paid him the amount through Phonepe App in two instalments. The logo of NIOS was present on the certificate. The informant became suspicious and checked the certificate on NIOS and found it to be fake. Co-accused Tapan Kumar Prusty asked for Rs 5,000/- for a transfer certificate but the informant did not pay the same as he had become suspicious. During investigation, it was found that the petitioner-Mohammad Sajid Hussain (in BLAPL No. 10573 of 2023) and petitioner-Kartika Beriha (in BLAPL No. 10846 of 2023) had taken money for procuring the fake certificate from one Raj Kumar Bonik of West Bengal and that they had opened an institute by the name of ACME in a rented house in Bhubaneswar and issued advertisement for issuing pass certificates to failed students and had made a huge amount of money by collecting money Rs 20,000/- each from about forty students all over Odisha and procured fake certificates for them from co-accused Raj Kumar Bonik by paying him Rs.7,500/- per certificate. From data retrieved from their phones and their confession, it could be ascertained that the petitioners Mohammad Sajid and Kartika Beriha had cheated at least ten more students. During investigation, BLAPL No. 146 of 2024 Page 3 of 14 accused Mohd Sazid Hussain and Kartika Behera did not receive the notice under Section – 41 A of the Cr.P.C on 09.08.2023, they were arrested and police seized their mobile phones and laptop amongst other articles. Chargesheet dated 02.10.2023 has been filed against the petitioners under Sections– 420/ 465/ 468/471 / 120-B of the I.P.C keeping investigation open for arrest of the other co-accused and for examination of other students and seizure of documents. During further investigation, one Bikash Kumar Jena has been examined who has stated that he had given cash of Rs 20,000/- on Md. Sabir Hussain and Kartika Beriha for securing 10th pass certificate. Similarly one Dipuna @ Soubhagya Barik has also stated that he got HSC certificate from Kartika Beriha and Mohd Sajid on payment of Rs 20,000/- . Efforts have been made to trace and apprehend accused Raj Kumar Bonik at Kolkotta. 6. Mr. Devashis Panda, learned counsel appearing for the petitioner- Kartik Beriha (in BLAPL No. 10846 of 2023) has submitted that the petitioner is in custody since 09.08.2023, he has not been named in the FIR and the claim of the I.O. that he refused the notice under Section 41 A of the Cr.P.C is incorrect. He has also submitted that investigation so far as the petitioner is concerned is over and the basis of his implication is the statement of the main accused Tapan Kumar Prusty and as all the offences BLAPL No. 146 of 2024 Page 4 of 14 alleged to have been committed by the petitioner are triable by a Magistrate, he should be released on bail. Mr. S.S. Das, learned Senior Counsel appearing on behalf of the petitioner- Tapan Kumar Prusty (in BLAPL No. 146 of 2024) has submitted that the petitioner is in custody since 04.08.2023. The earlier application for bail of the petitioner had been rejected by this Court on 05.12.2023 and more than two months have elapsed in the meanwhile. In view of the directions of the Supreme Court in the case of Arnesh Kumar