Orissa High Court
BLAPL/2039/2018 on 18 May, 2018
Author: J.P. Das
Bench: J.P. Das
BLAPL No.2039 of 2018
05. 18.05.2018 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is an accused in G.R. Case No.252 of
2013 on the file of learned J.M.F.C., Sohela registered under
Sections 409/420/467/471/34, I.P.C. read with Sections 4
and 5 of the Prize Chits and Money Circulation Scheme
(Banning) Act, 1978 and Section 6 of the OPID Act.
The case arose out of private complaint filed by one
Susanta Kumar Panda before the learned J.M.F.C., Sohela
alleging that he has deposited a sum of Rs.1,89,620/- in one
company in the name and style of M/s. Flourish
Development India Ltd. wherein the present petitioner was
functioning as the managing director with assurance of high
returns but he was cheated. Subsequently, the matter was
sent to police for investigation and after completion of
investigation, charge-sheet was submitted as the aforesaid.
As per instruction obtained on behalf of the State, the
case has not yet been transferred to the court of Presiding
Officer Designated court under the OPID Act.
It is submitted on behalf of the petitioner that in total
seventeen cases have been registered against the petitioner
and in about twelve cases he has been granted with bail
with different conditions. It is also submitted that the
petitioner is in custody since 16.09.2013 and the trial of the
2
case has not commenced.
Copies of the bail orders granted in favour of the
petitioner in other cases are placed before the Court for
perusal.
Considering the submissions and the materials placed
before the Court, it is directed that let the petitioner be
released on bail by furnishing cash security of Rs.5,00,000/-
(rupees five lakhs) besides a bond of Rs.2,00,000/- with two
sureties for the like amount to the satisfaction of the learned
J.M.F.C., Sohela in the aforesaid case with further conditions
that:-
I. The petitioner shall not tamper with the
prosecution evidence in any manner
whatsoever; and
II. he shall not default in personal
attendance of the court during trial on
each date.
The Bail Application is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
....................
J.P. Das, J.
JB