The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6039 of 2023 Sabita Das … Petitioner Mr. M.Chand, Advocate -versus- State of Odisha … Opposite Party Mrs. S.R. Sahoo, ASC Mr. S.P. Mangaraj, Advocate(Informant) Mr. A.Nanda, Advocate(Intervener) CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 11.08.2023 Order No. 05. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with C.T. Case No.336 of 2023 arising out of EOW P.S. Case No.08 of 2023 pending in the file of learned S.D.J.M., Bhubaneswar for commission of offences punishable under Sections 419/420/467/468/471/120-B of IPC, on the allegation of cheating the Informant for a sum of Rs. 25 Lakhs by receiving the same as a token of advance money, out of the sale consideration of Rupees 2 Crores to sell away a piece of land stood recorded in the name of Rangalata Swain by forging documents and impersonating herself as Rangalata Swain, along with other co-accused persons. Page 1 of 3 3.
Legal Reasoning
informant, but the Petitioner being prima facie involved in this case, necessary direction may kindly be issued to the Petitioner for return of the money in case of grant of bail to her. 7. After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of implication of the present petitioner in this case and regard being had to the pre-trial detention of the petitioner with submission of charge sheet and taking into account the first proviso appended to Section 437 Cr.P.C carving a special provision for grant of bail to a woman and further taking into account the other materials placed on record in entirety, this Court admits the petitioner to bail. 8. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing property surety of Rs. 10,00,000/- (Rupees Ten Lakhs) free from any encumbrance in addition to bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two local solvent sureties for Page 3 of 5 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 his attendance is 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 against the Petitioner for offence U/S.229-A of IPC in accordance with law. (iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and the shall petitioner (iv) report attendance before the Jurisdictional Police Station once in a week preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody. (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 for initiate proceeding against him offence U/S.174-A of in IPC accordance with law. the Page 4 of 5 The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. 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. 9.
Arguments
Mr. M.K.Chand, learned counsel for the Petitioner submits that the Petitioner is a lady and she has already been detained in custody since 04.03.2023 with submission of charge-sheet, but the Petitioner is no way connected in this crime, rather all the allegations of cheating and forgery are directed against co-accused Aditya Kumar Sahoo and Goura Prasad Mohanty and the Petitioner being a lady, her bail application can be considered favourably by taking into consideration the first proviso appended to Section 437 of the Cr.P.C. On the aforesaid grounds, learned counsel prays to grant bail to the petitioner. 4. On the other hand, Mrs. S.R. Sahoo, learned ASC, by producing one written instruction received from the Inspector of Police, EOW, Bhubaneswar submits that the Petitioner had also earlier impersonated the same lady in another case and had executed a registered agreement with one Sripati Chrana Badajena to sell away a piece of land of said Rangalata Swain for a consideration of Rupees 1 Crore & 20 Lakhs and received an advance of Rupees 20 Lakhs out of such sale consideration and the Petitioner being habitual offender, the benefit of first proviso to Section 437 Cr.P.C. should not be extended to her. 5. Mr. A. Nanda, learned counsel appearing for the Intervener submits that the Intervener is a senior citizen being aged about 75 years and she is very disturbed by the act of the Petitioner because the persons who were cheated repeatedly approaching her Page 2 of 5 for delivery of the land sold in question or for which they had been cheated. It is further submitted by Mr. Nanda that the Petitioner being habitual offender should not be granted bail. 6. Similarly, Mr.S.P. Mangaraj learned counsel for the Informant submits that although the allegation appearing against the Petitioner for cheating the
Decision
Accordingly, the BLAPL stands disposed of. 10. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 12-Aug-2023 15:03:33 Page 5 of 5