Orissa High Court
Dusmanta Kumar Muduli vs State Of Odisha .... Opposite Party on 10 February, 2022
Author: B. P. Routray
Bench: B. P. Routray
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4440 of 2020
Dusmanta Kumar Muduli .... Petitioner
Ms.Deepali Mahapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr.Anil Kumar Nayak on behalf of Mr.B.Bhuyan,
Advocate for the State(OPID)
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
10.02.2022 Order No.
25. 1. Heard Ms.Mahapatra, learned counsel for the Petitioner and Mr.Nayak on behalf of Mr.Bhuyan, learned counsel for the State (OPID).
2. This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner in connection with C.T.Case No.9 of 2018 arising out of E.O.W., CID, CB, Odisha, Bhubaneswar P.S.Case No.6 of 2018 pending in the court of the learned Presiding Officer, Designated Court under the OPID Act, Cuttack, Odisha for alleged commission of offences under Sections 420/406/467/468/471/120-B of the I.P.C. and Section 6 of the Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011.
Page 1 of 33. It is submitted that the Petitioner was inside custody since 13th November, 2018 till released on interim bail. It is further submitted that in the meantime the Petitioner has already deposited a sum of Rs.45,00,000/- (Forty five lakhs) before the learned trial court and for the rest amount, he is ready to furnish property security. It is also submitted that the Petitioner being a permanent resident under Lingaraj Police Station in the district of Khurda, there is no chance of his absconding from the process of law.
4. It needs to be mentioned that the prayer for bail was earlier rejected by this Court vide order dated 11th February, 2020 in BLAPL No.7887 of 2018. Against the same, the Petitioner preferred SLP No.1933 of 2020, which was dismissed by order dated 8th June, 2020 of the Supreme Court.
5. The Petitioner was released on interim bail by order dated 19th October, 2020 of this Court on the submission that he will take all sincere steps to deposit some amount to refund the depositors. In the meantime, the Petitioner has already deposited Rs.45,00,000/- before the learned trial court through bank deposit.
6. Mr.Nayak, learned counsel for the State submits that an amount of Rs.1,34,57,656/- has been taken to the personal benefit of the present Petitioner out of total amount of Rs.5,60,00,000/- involved in commission of offences.
7. In the meantime, investigation has been completed resulting submission of chargsheet. But as per the submission of the parties, the trial is yet to commence.
Page 2 of 38. Having heard both parties and considering the period of detention of the Petitioner inside custody, the fact of completion of investigation as well as the amount of cash deposited by the Petitioner in the meantime, it is directed to release the Petitioner on bail in the aforesaid case on furnishing three sureties for Rs.1,00,000/-(One lakh) each to the satisfaction of the trial court/the court in seisin over the matter and that, one of such sureties shall be his relative and that, the Petitioner shall furnish property security of Rs.1,00,00,000/-(One crore) and such other condition to be fixed by the learned court below.
9. Since the Petitioner is on interim bail, he is directed to surrender on or before 18th February, 2022 and may avail the bail in terms of this order, failing which appropriate steps shall be taken against him by the court below to apprehend his arrest.
10. The BLAPL is disposed of.
11. Urgent certified copy of this order be granted on proper application.
( B.P. Routray) Judge CRBiswal Page 3 of 3 Page 4 of 3