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Orissa High Court

Santanu Kumar Pattnaik vs State Of Odisha .... Opposite Party on 17 July, 2023

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     BLAPL No. 5852 of 2023

                 Santanu Kumar Pattnaik          ....                 Petitioner
                                                       Mr. B.P. Das, Advocate
                                           -versus-

             State of Odisha                     ....            Opposite Party
                                                         Mr. A. Pradhan, ASC

                                    BLAPL No. 5848 of 2023

                 Santosh Kumar Pattnaik           ....                 Petitioner
                                                       Mr. B.P. Das, Advocate
                                            -versus-

                 State of Odisha                  ....            Opposite Party
                                                          Mr. A. Pradhan, ASC


                                   CORAM: JUSTICE V. NARASINGH
                                          ORDER

17.07.2023 Order No.

02. 1. Since both the BLAPLs are relating to the same occurrence and subject matter of the same P.S. Case (Aska P.S. Case No.226 of 2022) (in the Court of learned J.M.F.C., Aska), they were heard together and disposed of by this common order, on the consent of the parties.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The petitioners (Santanu Kumar Pattnaik & Santosh Kumar Pattnaik) are accused in connection with G.R. Case No.512 of 2022, pending in the Court of learned J.M.F.C., Aska arising out of Aska P.S. Case No.226 of 2022 for alleged commission of offences under Sections 409/34 of IPC.

4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Aska, by order dated 25.04.2023 in the aforementioned cases, the present BLAPLs have been filed.

5. It is submitted by the learned counsel that the petitioners are in custody since 10.04.2023 on the allegation that they were working as Delivery Agents of Instakart Services Private Limited and after delivery of the mobile phones and collecting the consideration money, they did not deposit the same in the account of the company and in the process they defalcated to the tune of Rs.4,15,361/-.

6. It is stated by the learned counsel that since charge sheet has been filed on 30.05.2023, further continuance of the petitioners in custody is unwarranted.

7. Learned counsel for the State opposes the prayer for bail.

8. Taking into account the nature of allegations, period in custody, the punishment prescribed and filing of the charge sheet, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

9. Additionally, it is directed that each of the petitioners shall furnish unencumbered property security to the tune of Rs.2,50,000/- (Rupees two lakhs fifty thousand) to the satisfaction of the learned Court in seisin which shall be kept in short term interest bearing account pledged in the name of the Court and shall abide by the final outcome.

10. Accordingly, the BLAPLs stand disposed of.

11. Urgent certified copy of this order be granted as per the Signature Not Verified rules.

Designation: Junior Stenographer (V. NARASINGH) Reason: Authentication Ayesha Location: High Court of Orissa Judge Date: 18-Jul-2023 19:56:43 Page 2 of 2