Orissa High Court
Amit Kumar Sahoo vs State Of Odisha .... Opp. Party on 9 August, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6248 of 2023
Amit Kumar Sahoo .... Petitioner
M/s. Bibhu Prasad Das, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 09.08.2023
02. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 406 of IPC in connection with Baidyanathpur PS Case No.223 of 2023 corresponding to GR Case No.1096 of 2023 pending in the court of learned SDJM, Berhampur.
3. It is alleged that the Informant had given Rs.20 lakh to the present Petitioner to be deposited in post office or to invest in the Petitioners business and shall return the same after his retirement. Before three months of the retirement of the Informant, he asked the Petitioner to return his Rs.20 lakh but the Petitioner informed to have given Rs.20 lakh to one Kedarnath, who was working at Nayagarh District Judge Court as typist without Informant's knowledge. The Petitioner had given Rs.15 lakhs to Kedarnath, who was the nephew of the Informant. The Petitioner had also given Rs. 5 lakh to one Jyoti Prakash, who is the elder brother of the Informant.
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4. Learned counsel for the State submits that the informant had paid the money to the Petitioner who had agreed to return to him, it is immaterial how the Petitioner did utilize the same and whom did he distribute. The money which is due to be returned by the Petitioner attracts the offence.
5. Keeping in view the fact and circumstances, having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned SDJM, Berhampur in Baidyanathpur PS Case No.223 of 2023 corresponding to GR Case No.1096 of 2023 within three weeks from today and move for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record in its own merit.
6. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on its own merit.
7. Case Diary be made available as per practice of the court to the learned courts below as soon as possible to facilitate disposal of the bail application of the Petitioner on the same on the same.
8. It is made clear that the order passed herein is not in affirmative. The court shall apply its own wisdom in dealing with the Page 2 of 3 // 3 // application for bail allowing or rejecting the same taking into account the gravity of offence and severity of punishment. The ABLAPL is disposed of.
(Chittaranjan Dash) Judge AKPradhan Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: SR. STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 10-Aug-2023 17:01:47 Page 3 of 3