The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10656 of 2024 Bahanpat Pradhan@Bahanpati Pradhan …. Petitioner Mr. S.S. Ray, Advocate -Versus- State of Odisha Opposite Party Mr. P. Satapathy, ASC M/s. Tuna Sahu, Advocate & Associates for the Informant …. BLAPL No.10737 of 2024 Bahanpati Pradhan@Bahanpat Pradhan …. Petitioner
Legal Reasoning
Mr. S.S. Ray, Advocate -Versus- State of Odisha Opposite Party Mr. P. Satapathy, ASC M/s. Tuna Sahu, Advocate & Associates for the Informant …. BLAPL No.10759 of 2024 Bahanpat Pradhan@Bahanpati Pradhan …. Petitioner Mr. S.S. Ray, Advocate -Versus- State of Odisha Opposite Party Mr. P. Satapathy, ASC M/s. Tuna Sahu, Advocate & Associates for the Informant …. BLAPL No.10826 of 2024 Bahanpati Pradhan@Bahanpat …. Petitioner Mr. S.S. Ray, Advocate -Versus- State of Odisha Opposite Party Mr. P. Satapathy, ASC M/s. Tuna Sahu, Advocate & Associates for the Informant Page 1 of 5 …. BLAPL No.10829 of 2024 Bahanpat Pradhan@Bahanpati Pradhan …. Petitioner Mr. S.S. Ray, Advocate -Versus- State of Odisha Opposite Party Mr. P. Satapathy, ASC M/s. Tuna Sahu, Advocate & Associates for the Informant …. And BLAPL No.11236 of 2024 Bahanpati Pradhan@Bahanpat Pradhan …. Petitioner Mr. S.S. Ray, Advocate -Versus- State of Odisha Opposite Party Mr. P. Satapathy, ASC M/s. Tuna Sahu, Advocate & Associates for the Informant …. CORAM: MR. JUSTICE R.K. PATTANAIK
Decision
ORDER 29.01.2025 Order No. 04. 1. Heard Mr. Ray, learned counsel for the petitioner, learned counsel for the informant and Mr. Satapathy, learned ASC for the State. 2. All the petitions are clubbed together and stand disposed of by the following order involving the petitioner. 3. Instant petitions under Section 483 BNSS are filed for release of the petitioner on bail in connection with G.R. Case Nos.1388,1401,1402,1400,1403 & 1511 of 2024 pending in the file of Page 2 of 5 learned J.M.F.C., Aska arising out of Aska P.S. Case No.499, 502,503,501, 504 & 540 of 2024 respectively on the grounds stated therein. 4. Mr. Ray, learned counsel for the petitioner submits that the petitioner is an elderly person aged about 73 years and he is in custody since 9th August, 2024 and is prepared to furnish cash security and property surety and hence, to be released on bail, as in the meantime, the chargesheets have been filed in all most all the cases. It is submitted that the allegation against the petitioner is for having received money as a collection agent and misappropriation of the same, however, considering his age and length of custody, he should be granted bail with any conditions. 5. Learned counsel for the informant Bank opposed release of the petitioner on bail since he is involved in number of cases and said to have duped the customers after receiving deposits from them as a collection agent and misappropriated it. 6. Mr. Satapathy, learned ASC for the State would submit that the petitioner is a habitual offender and collected huge amount from the customers and did not deposit the same with the Bank collected under a Scheme. 7. Mr. Ray, learned counsel for the petitioner produced the copies of the chargesheets in all the cases except in BLAPL NO.11236 of 2024. However, it is submitted by Mr. Ray, learned counsel that he has in fact no knowledge, if the chargesheet in the said case is filed. 8. Considered the allegations revealed from the F.I.Rs. It is made to suggest that the petitioner as a collection agent received the deposits at regular intervals from the customers of the Bank as Page 3 of 5 its agent and did not deposit the same. The depositors at last lodged the F.I.Rs. and with the registration of cases, the petitioner was arrested in the year, 2024 and ever since then, he is in custody. It is submitted that the offences alleged against the petitioner are triable by a Judicial Magistrate First Class. Considering the nature of allegations as made to reveal from the F.I.R. and the fact that investigation is concluded in all cases except confirmation in one in connection with BLAPL No.11236 of 2024 having not been received and since the petitioner is a local and was an agent of the Bank by then and admittedly, to be responsible for the misappropriation after receiving the deposits from the customers, the Court is of the view that further detention is unlikely to serve any purpose, instead, he should be directed to be released on bail with suitable conditions. In other words, the Court is inclined to allow the petitioner to go on bail imposing stringent conditions such as to deposit cash security and also to furnish property surety at the time of his release. 9. Hence, it is ordered. 10. In the result, petitions under Section 483 BNSS stand allowed. Consequently, the petitioner is directed to go on bail in connection with G.R. Case Nos.1388,1401,1402,1400,1403 & 1511 of 2024 arising out of Aska P.S. Case No.499, 502,503,501, 504 & 540 of 2024 subject to him furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) in each of the cases with one solvent surety for the like amount each to the satisfaction of learned J.M.F.C., Aska, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he, in connection with BLAPL Nos.10826 and 11236 of 2024, shall furnish cash security of Rs.50,000/- (rupees fifty thousand) in BLAPL No.10826 of 2024 and Page 4 of 5 BLAPL No.11236 of 2024 and Rs.2,00,000/- (rupees two lac) each in BLAPL Nos.10656, 10737, 10759 & 10829 of 2024 and also to submit an undertaking at the P.S. to co-operate in the further investigation, which is pending and at the same time, to submit property surety of Rs.90 lac in respect of the assets owned by him or any of his blood relatives with such other conditions as would be imposed by learned court below. It is further directed that the cash security received from the petitioner in each of the cases shall be kept in fixed deposits with any nationalized bank for a period of six months renewable from time to time with the orders of the court below, disbursement of which, to be considered at the end of trial. 11. The BLAPLs are disposed of accordingly. 12. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 07-Jul-2025 18:18:04 Page 5 of 5