The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 12164 of 2023 Swadhin Mohapatra …. Petitioner Mr. D.P. Dhal, Senior Advocate assisted by Mr. S. Mohapatra, Advocate -versus- State of Odisha Opposite Party Ms. S. Mishra, Additional Standing Counsel for State Mr. Ashok Das, Advocate & Mr. D.K. Dhar, Advocate for Informant …. CORAM: JUSTICE SAVITRI RATHO Order No. 04.
Decision
ORDER 29.11.2023 (Through Hybrid Mode) 1. Heard Mr. D.P. Dhal, learned counsel appearing for the Petitioner, Mr. Ashok Das, learned counsel for the informant and Ms. S. Mishra, learned Additional Standing Counsel (ASC) for the State. 2. This application under Section 439 of Cr. P.C. has been filed for grant of bail to the Petitioner in connection with Saheed Nagar P.S. Case No.332 of 2023 corresponding to C.T. Case No.857 of 2023 pending in the Court of the learned J.M.F.C.-III, Bhubaneswar registered for commission of offences punishable under Sections 420, 294, 506 of the IPC. Page 1 of 8 3. The prayer for bail of the Petitioner has been rejected by the learned Special Judge (CBI)-cum- Addl. Sessions Judge, Bhubaneswar on 05.10.2023. 4. The prosecution allegation in brief is that the Petitioner collected an amount of Rs.76,27,988/- from 116 students in his mother - Pravati Mohapatra’s IDBI Bank Account bearing Account No. 0402102000004930, Branch: Bhadrak to provide the students Transcript & certificates from Ukrainian Universities. The Petitioner has received an amount of Rs.22,29,840/- in total from 6 (six) students namely:- 1). Sunil Kumar Yadav, 2). Harsha, 3). Narendra Singh, 4). Manoj Kumar, 5). Suraj Biswas and 6) Pavitra Narsinghamurthy through bank deposits in his personal bank account (A/C. No. 006101060773, IFSC: ICIC00000061, ICICI Bank, main branch, Bhubaneswar towards the tuition fees from six students. 5. In the last week of April, 2023, one Miraza Abdul Zaheer Baig, aged about 32 years, S/o. Mirza Abdul Kahar Baig, Managing Director of GF Global Focus Education Pvt. Ltd. At: Plot No. 382, Deepak Sadan, Bhoi Nagar, P.S. Saheed Nagar, Bhubaneswar, Dist: Khurda appeared at PS presented a written report on the allegation that one Swadhin Mohapatra had misappropriated an amount of Page 2 of 8 Rs.98,57,828/- (Rupees Ninety Eight Lakhs Fifty Seven Thousand Eight Hundred Twenty Eight only) collecting from students for admission purpose and to provide transcript & certificate from Ukraine University. Swadhin Mohapatra has collected said money on his own account and account of his mother- Pravati Mohapatra. The ACP I/C, Saheed Nagar PS, Bhubaneswar-UPD made Saheed Nagar Police Station Dairy Entry No. 20 dtd. 24.04.2023 and made a requisition to the Bank to provide bank Statements of Swadhin Mohapatra and Pravati Mohapatra. After verification of the bank statements , it came to light that the Petitioner received an amount of Rs.22,29,840/- in total from 6 (six) students namely 1. Sunil Kumar Yadav, 2. Harsha, 3. Narendra Singh, 4. Manoj Kumar, 5. Suraj Biswas and 6 Pavitra Narsinghamurthy through bank deposits in his personal bank account (A/C. No. 006101060773, IFSC: ICIC00000061, ICICI Bank, main branch, Bhubaneswar. After verification of the bank statement of Pravati Mohapatra , it came to light that the petitioner Swadhin Mohapatra had collected an amount of Rs.76,27,988/- more than 100 students - Pranav Kumar Mohanty, Vridhi Jain, Liza Cap, Sai Swarup Mohapatra, Farhan Bux, Suraj Biswas, Sayad Saif, Sambeet Sahoo, Arijit Swain and 107 others. The petitioner and the complainant Mirza Abdul Zaheer Baig were called to the Police Station . After admitting that he had Page 3 of 8 collected Rs.22,29,840/- for Tuition Fees from six students and Rs.76,27,988/- to provide the Transcripts & certificates to 116 students from Ukrainian Medical University. 6. On 02.05.2023, the Petitioner had transferred a sum of Rs.10,00,000/- (Rupees Ten Lakhs) to the account of Mirza Abdul Zaheer Baig and issued cheque No. 000735 dtd. 12.05.2023 amounting to Rs.12,29,840/- in favour of Mirza Abdul Zaheer Baig and the informant Mirza Abdul Zaheer Baig returned the Tuition fees to the University of 6 (six) students amounting to Rs.22,29,840/-. The Petitioner had given an undertaking to settle the Transcript & certificate issue of 116 nos. of students within 15 days but did not do so . On 08.09.2023, the complainant Mirza Abdul Zaheer Baig appeared at PS and presented a written report along with online application of 70 students alleging that the petitioner Swadhin Mohapatra had taken sum of Rs.43,72,015/- to provide Transcripts and certificates from Ukrainian Medical Universities to these students, but did not provide the documents nor return their money . During course of investigation it came to light that Swadin Mohapatra had collected Rs.50,98,177/- from 70 students for the purpose of Transcript & certificate, admission in MBBS at Bau University, Georgia and Visa Purpose. He had Page 4 of 8 collected Rs.1,87,255/- from K. Pachiappan and his son Mr. Kabilan for his admission in Armenia University and they had deposited Rs.1,87,255/- in the petitioner’s account .Mr. Kabilan went to Armenia and discovered that the payment had not made to university for which he went into depression and had to consult a Psychiatrist. 7. Mr. D.P. Dhal, learned Senior Counsel has filed an affidavit sworn by the mother of the Petitioner stating therein that an amount of Rs.43,72,015/- has been deposited in her account and as per the affidavit dated 24.11.2023, she had stated that she is ready and willing to return an amount of Rs.25 Lakhs to the persons who had deposited the money in her account. Accordingly, the amount of Rs.25 Lakhs has been deposited in the account of parents of the students and the statement of the bank attested by the Assistant Manager, Bank of India, Ranihat Branch showing the debits from the A/c. No.555910110005475 of Smt. Pravati Mohapatra has been annexed to the affidavit dated 28.11.2023 sworn by Smt Pravati Mohapatra, which has been filed on 29.11.2023. Mr. Dhal, learned Senior Counsel submits that the petitioner is willing to return the balance amount to the students and their parents within a period of six months in installments. Page 5 of 8 8. Mr. Dhal, learned Senior Counsel submits that the Petitioner is in custody since 14.09.2023 and as per the undertaking given in the earlier affidavit dated 24.11.2023 , 50% of the amount taken by the petitioner has already been returned to the parents of the students. He further submits that unless the petitioner is released on bail, he cannot arrange for the balance amount which he has received from the students and which is to be refunded to them . He further submits that on similar allegations , one case has been registered against the Petitioner after registration of this case. These are the only two cases which are pending against him. 9. Ms. S. Mishra, learned ASC opposes the prayer for bail stating that the Petitioner has cheated a number of students and spoilt their career for which he does not deserve to be released on bail . She further submits that the investigation is pending and it will reveal if any other students have been cheated and the petitioner may abscond if he released on bail, in order to avoid payment . Mr. Ashok Das, learned counsel for the informant submits that more than a sum of Rs.25 Lakhs is yet to be returned by the Petitioner to the students and once he is released on bail, he will not return the amount. Page 6 of 8 10. The document annexed to the affidavit gives details of names of 38 persons of different account numbers, IFSC codes, Bank name and the total amount, but it is not a Bank statement. It bears some initials with an endorsement “Received” has been indicated to be Rs.25,12,010/-. So the I.O. shall verify from the Bank, if such payments have been made to 38 persons and submit the information before the learned Court below. 11. Considering the nature of allegations made against the Petitioner and the submission that if the petitioner is released on bail, he shall arrange for the balance amount and return the same to the students / their parents and as the petitioner has refunded approximately 50% of the outstanding amount collected from the parents of the students , I am inclined to allow the prayer for bail . 12. Let the Petitioner- Swadhin Mohapatra be released on bail subject to verification that Rs.25 Lakhs has been returned to the parents of the students, and on such terms and conditions as may be fixed by the learned Court below in seisin over the matter and subject to verification that he has only one other antecedent, which has been registered after registration of this case, including the following conditions: (i) He will not indulge in any criminal activity while on bail; Page 7 of 8 (ii) He will not threaten or try to tamper with the prosecution witnesses while on bail; and (iii) The balance amount shall be returned to the parents of the students in installments within six months of his release; and (iv) He will cooperate with the investigation and appear before the IO on every Monday between 4 pm to 6 pm till completion of the investigation. 13. Violation of any condition will entail in cancellation of bail. 14. The BLAPL is accordingly disposed of. 15. Urgent certified copy of this order be granted on proper application. Judge S. Behera (Savitri Ratho) Signature Not Verified Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Dec-2023 21:11:14 Page 8 of 8