Orissa High Court
Bijayananda Behera vs State Of Odisha .... Opposite Party on 8 July, 2021
Author: S. K. Panigrahi
Bench: S. K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 3339 of 2021
Bijayananda Behera .... Petitioner
Mr. Asit Kumar Jena, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. D.R. Parida, Additional Standing Counsel
CORAM:
JUSTICE S. K. PANIGRAHI
ORDER
Order No. 08.07.2021
03. 1. This matter is taken up by video conferencing mode.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner being in custody in connection with Malkangiri P.S. Case No.152 of 2019 corresponding to G.R Case No.442 of 2019 pending in the file of the learned S.D.J.M, Malkanagiri for the commission of offences under Section 409 of I.P.C has prayed for his release on bail.
4. It is alleged by the informant District Education Officer to the effect that the Additional District Magistrate had conducted inquiry and submitted a report expressing severe suspicion on the work and conduct of the petitioner as the In-charge Head Master. The fact was taken to the notice of the District Magistrate who suspended the accused petitioner from the service and Draft charges were made against the accused petitioner. It is also submitted that the details of financial transaction of the Matapaka village school was verified and it was found that a sum of Rs.9,82,567 was available in RMSA Account out of which Rs.9,60,850 had been withdrawn by the accused petitioner during his tenure from 6.8.2014 to 17.3.2017 and a sum of Rs.2,78,250/- was still available in shape of cash as on 02.10.2017 in the cash // 2 // book. It is alleged that on the report of the Special Audit, the petitioner was apprehended and forwarded to the Court on 19.3.2021.
5. Learned counsel for the petitioner submits that the petitioner was executing the work but due to his sickness during the Corona Pandemic period, he could not execute some work for which the amount remained in the hands of the petitioner and that immediately after his recovery from illness, he had deposited the amount. The petitioner is languishing in custody since 19.3.2021.
6. Learned counsel for the State submits that in the meantime, the petitioner has already deposited the misappropriated amount of Rs.2,78,250/- (Rupees Two Lakhs Seventy Eight Thousand and Two Hundred Fifty Only) in shape of cash.
6. In view of the above, it is directed that the petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned Court in seisin over the matter.
7. The Bail Application is accordingly disposed of.
8. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March 2020.
(S. K. Panigrahi) Judge sp Page 2 of 2