Deepak Banarjee @ Banerjee v. Mr. P.K. Maharaj, ASC
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 406, 420
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 1414. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Ayesha Judge
Judgment
Mr. A. Mishra, Advocate -versus- …. Opposite Party Mr. P.K. Maharaj, ASC Mr. A.K. Rout, Adv. (Informant) CORAM: JUSTICE V. NARASINGH ORDER 27.04.2023
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
The petitioner is an accused in connection with C.T. Case No.2088 of 2022, pending before the learned S.D.J.M., Jharsuguda, arising out of Jharsuguda Sadar P.S. Case No.176 of 2022, for alleged commission of offences under Sections 406/420 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by learned Additional Sessions Judge, Jharsuguda, by order dated 07.02.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 03.01.2023 on the allegation that the petitioner did not transfer the amount of rent through the bank as undertaken.
It is the submission of the learned counsel that essentially a civil dispute has been given the color of criminality and the case has been instituted.
It is further submitted that since charge sheet has already been filed on 30.01.2023, further continuance of the petitioner in custody is unwarranted.
Learned counsel for the State and the informant oppose the prayer for bail.
To prove his bonafides without prejudice his rights, the petitioner volunteers to handover a sum of Rs.65,000/-(Rupees sixty five thousand) by way of demand draft and the details of which is as under. Demand Draft Issued by Bank of India bearing No.000319 dated 19.04.2023 in favour of Christopher Kerketta-informant.
The said draft is handed over to the learned counsel for the informant on due acknowledgement.
Considering the nature of allegations and payment made by way of demand draft as noted, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
It is apt to note here the complicity of the petitioner in the case has to be adjudged independently and the amount of Rs.65,000/-(Rupees sixty five thousand) as paid shall be subject to the final outcome of the case at hand.
The informant is called upon to execute an indemnity bond before the learned Court below in respect of the amount so received.
Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Ayesha Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.