Judgment · High Court

Opposite Party Ms.S.Mishra, ASC CORAM: JUSTICE SAVITRI RATHO ORDER 23.11.2023 Order No. (Through hybrid mode)

This application under Section 439 of Cr.P.C. has been filed in connection with the Machhkund P.S. Case No.94 of 2023 corresponding to G.R. Case No. 67of 2023 pending in the court of the learned J.M.F.C., Lamtaput under Sections 467, 468, 409 of IPC.

The prayer for bail of the petitioner has been rejected vide order dated 15.09.2023 when investigation was in progress.

The prosecution allegation in brief is that while the petitioner was working as Headmaster in Lamtaput Government High School he has withdrawn Rs.27,90,000/- through 13 cheques from the school joint accounts during the period January, 2023 to April, 2023 by forging the signature of the informant and thereafter stopped coming to school. He was suspended on account of his absence and when the informant remained in-charge of the Headmaster of the said school, he learned about the withdrawal of the amount by the petitioner by forging his signature and he lodged FIR.

Mr. A.Mishra, learned counsel for the petitioner submits that the petitioner is in custody since 19.07.2023 and investigation has been completed in the meanwhile and charge sheet has been filed under Sections, 468, 467 and 409 IPC. He files a document signed by the petitioner which is taken on record.

Considering the nature of allegations against the petitioner that he misappropriated the funds of the School and the punishment prescribed for the offences he is alleged to have committed, the petitioner does not deserve to be granted bail.

Then Mr.Mishra, learned counsel submits that the petitioner is willing to return the misappropriated amount and has signed the affidavit which is filed today. He further submits that the petitioner could not swear the affidavit as he is in jail, but has signed in the affidavit format and his signature has been attested by the present Welfare Officer, Circle Jail, Koraput.

In paragraph-3 of the document it has been stated that all the allegations leveled against the petitioner are subject to investigation, the same will be proved during trial of the case, but now the petitioner is ready and willing for return the said amount. It is further stated that the said amount be deducted and adjusted from his salary as well as service benefits. He further submits that the petitioner is a government servant.

Only because the petitioner has undertaken to return the amount and submitted the amount may be adjusted from his salary and service benefits, it is directed that if the petitioner-Manoj Kumar Kamudi submits an undertaking supported by an affidavit to that effect to the authorities and the amount is deducted from his salary and other service benefits and confirmation is obtained through the I.O. regarding submission of such affidavit and deduction of amount, the learned JMFC shall release the petitioner on bail on such terms and conditions as deemed just and proper, including the condition that he shall appear on each date the case is fixed for trial.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted as per rules. ………………………... (SAVITRI RATHO) JUDGE Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 19-Dec-2023 15:23:43