Supreme Court - Daily Orders
Tridhar Mohanty @ Pattnaik Etc. vs The State Of Odisha on 11 May, 2021
Bench: Uday Umesh Lalit, B.R. Gavai
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.487-488 OF 2021
(@ Special Leave Petition (Crl.) Nos.2592-2593 of 2021)
TRIDHARA MOHANTY @ PATTNAIK ..APPELLANT(S)
VERSUS
STATE OF ODISHA ..RESPONDENT(S)
WITH
CRIMINAL APPEAL NOS.489-490 OF 2021
(Arising out of SLP (Criminal) Nos.2586-2587 of 2021)
CRIMINAL APPEAL NOS.491-492 OF 2021
(Arising out of SLP (Criminal) Nos.2604-2605 of 2021)
CRIMINAL APPEAL NOS.493-494 OF 2021
(Arising out of SLP (Criminal) Nos.2580-2581 of 2021)
CRIMINAL APPEAL NOS.495-496 OF 2021
(Arising out of SLP (Criminal) Nos.2590-2591 of 2021)
CRIMINAL APPEAL NOS.497-498 OF 2021
(Arising out of SLP (Criminal) Nos.2588-2589 of 2021)
CRIMINAL APPEAL NOS.505-507 OF 2021
(Arising out of SLP (Criminal) Nos.3352-3354 of 2021)
CRIMINAL APPEAL NOS.499-504 OF 2021
(Arising out of SLP (Criminal) Nos.3506-3511 of 2021)
O R D E R
These appeals filed by appellants Braja Mohan Pattnaik and Signature Not Verified Tridhara Digitally signed by Dr. Mukesh Nasa Mohanty @ Pattnaik, take exception to the conditions Date: 2021.05.13 18:37:26 IST Reason:
imposed by the High Court of Orissa at Cuttack, while granting them bail and submit inter alia that the conditions are onerous and 2 impossible to be complied with, and consequently, the relief of bail would stand denied to the appellants.
The appellants are facing prosecution in respect of eight First Information Reports which are alleging that the appellants committed offences punishable under Sections 406/408/409/ 420/120B/34 IPC read with Sections 3,4 and 5 of the Prize, Chits Money Circulation Schemes (Banning) Act, 1978 and Sections 3/6 of the OPID Act, 2011. The appellants were taken in custody in connection with FIR No.202 of 2018 on 06.11.2018.
By order dated 30.09.2019, appellant Tridhara Mohanty @ Pattnaik was granted interim bail by the High Court pending consideration of her application seeking regular bail. Thereafter, the High Court passed an order on 13.03.2020 imposing certain conditions, which conditions were later relaxed to a certain extent. All these factual details are put in by way of Charts in the Affidavit in Reply filed on behalf of the State, which charts are as under:
“ Sl. S.L.P (Crl.) BLAPL Amount Siphoned Bail Conditions No. Nos. No. off / Embezzled Imposed by the High Court vide Order dated 13.03.2020
1. 3352 - 3354 1788 Rs.64,30,212/- Cash Security of of 2021 of Rs.30 lakhs; & 2019 Property Security of Rs.34,30,212/-
2. 2592 - 2593 6932 Rs.93,480/- Property Security of of 2021 of Rs.93,480/-2019
3. 2590 - 2591 6930 Rs.81,000/- Property Security of of 2021 of Rs. 81,000/-2019 3
4. 2588 - 2589 6931 Rs.1,23,000/- Cash Security of of 2021 of Rs.50,000/-; & 2019 Property Security of Rs.73,000/-
5. 2586 - 2587 6927 Rs.56,000/- Property Security of of 2021 of Rs. 56,000/-2019
6. 2580 - 2581 6929 Rs.1,62,000/- Cash Security of of 2021 of Rs.62,000/-; & 2019 Property Security of Rs.1,00,000/- (One Lakh)
7. 2604 - 2605 6928 Rs.56,000/- Property Security of of 2021 of Rs. 56,000/-2019
8. S.L.P (Crl.) 6793 Rs.3,61,40,619/- Cash Security of No.3506-3511 of (Rupees Three Rs.1,50,00,000/-
of 2021 2018; Crores Sixty One (Rupees 1.5 Crores);
(not yet & Lakhs Forty &
listed for 6794 Thousand Six Property Security of
1st hearing) of Hundred and Rs.2,11,40,619/-
2018 Nineteen) (Rupees Two Crores
Eleven lakhs Forty
Thousand Six Hundred
Nineteen)
Total Amount embezzled Rs.4,31,42,311/-
(4.3 Crores)
‘STATUS’ AFTER THE HON’BLE HIGH COURT PARTIALLY MODIFIED THE ORIGINAL BAIL CONDITIONS:
Sl. S.L.P BLAPL Amount Siphoned Modified Bail No. (Crl.) No. off / Embezzled Conditions Nos. Imposed by the High Court
1. 3352 - 3354 1788 Rs.64,30,212/- Cash Security of of 2021 of Rs.15 lakhs; & 2019 Property Security of Rs.49,30,212/-
(reduced vide Order dated 27.01.2021)
2. 2592 - 2593 6932 Rs.93,480/- Property Security of of 2021 of Rs.93,480/-
2019 (No change)
3. 2590 - 2591 6930 Rs.81,000/- Property Security of
of 2021 of Rs. 81,000/-
2019 (No change)
4
4. 2588 - 2589 6931 Rs.1,23,000/- Cash Security of
of 2021 of Rs.50,000/-; &
2019 Property Security of
Rs.73,000/-
(No change)
5. 2586 - 2587 6927 Rs.56,000/- Property Security of
of 2021 of Rs. 56,000/-
2019 (No change)
6. 2580 - 2581 6929 Rs.1,62,000/- Cash Security of
of 2021 of Rs.62,000/-; &
2019 Property Security of
Rs.1,00,000/- (One
Lakh)
(No change)
7. 2604 - 2605 6928 Rs.56,000/- Property Security of
of 2021 of Rs. 56,000/-
2019 (No change)
8. S.L.P 6793 Rs.3,61,40,619/- Cash Security of
(Crl.) of (Rupees Three Rs.75,00,000/-
No.3506- 2018; Crores Sixty One (Rupees Seventy Five
3511 of & Lakhs Forty lakhs); &
2021 6794 Thousand Six Property Security of
(not yet of Hundred and Rs.2,86,40,619/-
listed for 2018 Nineteen) (Rupees Two Crores
1st hearing) Eighty Six lakhs
Forty
Thousand Six Hundred
Nineteen)
(reduced vide Order
dated 23.12.2020)
Total Amount embezzled Rs.4,31,42,311/-
(4.3 Crores)
”
Effectively, the cash security as directed by the High Court now stands reduced to about Rs.90 Lakhs.
Mr. J.S. Attri, learned Senior Advocate appearing for the appellants submits that since the appellants are unable to make the cash deposit as directed by the High Court, the benefit of bail stands denied to them. It is submitted that instead of the direction to deposit money in cash, if the appellants are permitted 5 to offer security in the sum of Rs.3 Crores to the satisfaction of the Trial Court, the appellants would certainly comply with such direction.
Considering the fact that the appellant Braja Mohan Pattnaik has been in custody since 06.11.2018 and the fact that the appellant Tridhara Mohanty @ Pattnaik has also suffered custody for a while, in our view, the suggestion given by Mr. Attri, learned Senior Advocate, merits acceptance. Ordered accordingly. The appellants are directed to offer properties valuing at least Rs.3 Crores by way of security to the satisfaction of the Trial Court and upon being satisfied in that behalf, the Trial Court shall release the appellants on bail. The properties so offered shall be available for such processes or orders as the Court may deem fit to pass at the conclusion of the pending proceedings. It shall be open to the Trial Court to impose such other conditions as it deems appropriate to ensure presence and participation of the appellants in the pending investigation/inquiry. All these appeals are allowed to the aforesaid extent.
...................J. [UDAY UMESH LALIT] ...................J. [B.R. GAVAI] NEW DELHI;
MAY 11, 2021.* 6 Date Corrected in S/O at Page 5* ITEM NO.18 COURT NO.3 SECTION II-B (HEARING THROUGH VIDEO CONFERENCING) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) Nos.2592-2593/2021 (Arising out of impugned final judgment and order dated 13-03-2020 in BLAPL No.6932/2019, 26-02-2021 in IA No.169/2021 passed by the High Court Of Orissa At Cuttack) TRIDHARA MOHANTY @ PATTNAIK ETC. Petitioner(s) VERSUS STATE OF ODISHA Respondent(s) (FOR ADMISSION and I.R.; and, IA No.42780/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH SLP(Crl) Nos.2586-2587/2021 (II-B) (IA No.42723/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(Crl) Nos.2604-2605/2021 (II-B) (IA No.42957/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(Crl) Nos.2580-2581/2021 (II-B) (IA No.42641/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(Crl) Nos.2590-2591/2021 (II-B) (IA No.42722/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(Crl) Nos.2588-2589/2021 (II-B) (FOR ADMISSION and I.R.; and, IA No.42706/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(Crl) Nos.3352-3354/2021 (II-B) ( IA No.56596/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(Crl) Nos.3506-3511/2021 (II-B) (FOR ADMISSION and I.R.; and, IA No.58933/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) 7 Date : 11-05-2021 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. J.S. Attri, Sr. Adv.
Mr. L.R. Rath, Adv.
Mr. S.K. Das, Adv.
Mr. Ajay Choudhary, AOR For Respondent(s) Mr. Shibashish Misra, AOR Mr. S. Debabrata Reddy, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeals are allowed, in terms of the Signed Order. Pending applications, if any, also stand disposed of.
(MUKESH NASA) (NISHA TRIPATHI)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)