The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3096 of 2024 Gyana Ranjan Sarangi … Petitioner Mr. M.K.Chand, Advocate State of Orissa -versus- … Opposite Party Mr. S.N.Nayak, ASC CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 17.05.2024 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This is the second bail application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Baidyanathpur P.S. Case No. 286 of 2023 corresponding to G.R. Case No.1356 of 2023 pending in the Court of learned J.M.F.C.(LR & LTV), Berhampur for commission of offence punishable U/Ss. 419/420/465/467/406 of the I.P.C., on the allegation of cheating the informant for a sum of Rs.85,00,000/- on the allurement of investing money to get huge return in cashew nut business, Crypto currency and Bitcoin and ultimately not refunding the investment. 3.
Legal Reasoning
Mr.Manas Kumar Chand, learned counsel for the petitioner submits that this is the second journey Page 1 of 6 of the petitioner to this Court, but no bail application of the petitioner is pending before any other forum. He further submits that the petitioner was permitted by this Court in BLAPL No.10310 of 2023 to renew his prayer for bail after examination of the informant and in the meanwhile, the informant has already been examined as PW1, but the petitioner is languishing inside jail custody since 11.07.2023. Further, Mr.Chand submits that the petitioner is ready and willing to deposit cash surety or property surety for his release on bail. 4. On the other hand, Mr.S.N.Nayak, learned ASC, however, strongly opposes the bail application of the petitioner by referring to paragraph-9 of the cross- examination of PW1 wherein it is elicited, “He (PW1) had given Rs.85,00,000/- from his savings and taking loan from his friends”. 5. In opposing the prayer for bail, Mr.Jyotirmayee Barik, learned counsel appearing for Mr.Dayananda Mohapatra, learned counsel for the informant, submits that since the petitioner is an outsider, he may not be released on bail and in case this Court considers the bail application of the petitioner favourably, then some cash surety may kindly be imposed upon him for his release on bail. Page 2 of 6 6. It is, however, brought to the notice of the Court that the petitioner has been detained in custody since 11.07.2023 and in the meanwhile 02 out of 19 charge sheeted witnesses have been examined in the meanwhile, but fact remains that when the trial would be concluded is eventually a guess in the aforesaid circumstance. Moreover, the informant has already been examined in this case and thereby, there is hardly any apprehension of tampering the evidence of material witness. It is equally true that a meticulous examination of evidence and elaborate documentation on merits should not be undertaken while considering the bail application of an accused person and at that stage, the Court has to see only primafacie case and balance with other factors to allow or reject the bail application of the petitioner. Further, all the offences are triable by Magistrate First Class, but trial having already commenced with examination of the witnesses since 2nd February, 2024 and in the meanwhile, more than 60 days has elapsed, however, the trial is not concluded and thereby, a statutory right has accrued in favour of the petitioner U/S. 437(6) Cr.P.C. 7.
Decision
In view of the above facts, since the petitioner has already been detained in custody for a substantial period, this Court, therefore, considers the bail application of the petitioner favourably. Page 3 of 6 8. This Court, however, finds some merit in the submission of learned counsel for the informant to direct the petitioner to furnish property surety for his release on bail by taking into consideration the huge amount of the informant involved in this case. 9. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing an unencumbered property surety of Rs.25,00,000/- (Rupees Twenty-five Lakhs), in addition to bail bonds in the sum of Rs.1,00,000/- (Rupees One Lakh) with two local 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 in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance are dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed for offence against U/S.229-A of IPC in accordance with law and the Petitioner the petitioner shall not the (iii) jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay. leave Page 4 of 6 (iv) the petitioner shall inform the Court as well as the concerned police station as to his place(s) of residence during the trial by providing his mobile number(s), residential if any, and other address, e-mail I.D, documents in support of proof of his residence. The petitioner shall not change his address of residence without intimating to the Court and concerned police station, (v) in case the petitioner misuses the liberty of bail and in order to secure his presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioner fails to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against him for offence U/S.174-A of the IPC in accordance with law. (vi) the petitioner shall appear before the concerned police station as and when required. (vii) the petitioner shall surrender his passport, if any, in the Court in seisin of the case till conclusion of trial, unless he is permitted to take back such passport to use for specific purpose during the pendency of the case and in case, the petitioner is not having any passport, he shall file an affidavit before the trial Court indicating the same. 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 Page 5 of 6 petitioner in future for similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 10. Accordingly, the BLAPL stands disposed of. 11. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 20-May-2024 10:22:16 Page 6 of 6