Orissa High Court
Ashok Kumar Pati vs State Of Orissa .... Opposite Party on 13 July, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5446 of 2023
Ashok Kumar Pati .... Petitioner
Mr. B.S. Dasparida, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. P.K. Maharaj, A.S.C.
BLAPL No.5156 of 2023
Santanu Kumar Pati .... Petitioner
Mr. A.K. Moharana, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, A.S.C
CORAM: JUSTICE V. NARASINGH
ORDER
13.07.2023 Order No.
03. 1. Since both the matters arise out of Madhupatna P.S. Case No.83 of 2023, they are 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 are accused in connection with G.R. Case No.252 of 2023, pending before the Court of the learned J.M.F.C.- IV, Cuttack, arising out of Madhupatna P.S. Case No.83 of 2023 for alleged commission of offences under Sections 304A/420/465/467/468/471/409/120-B of IPC.
Page 1 of 24. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Spl. Judge(Vig) by order dated 26.04.2023 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioners are in custody since 31.03.2023 and the allegation against the Petitioner(Ashok Kumar Pati) in BLAPL No. 5446 of 2023 is that, he is the registered owner of Sova Nurshing Home and through the wife of the informant, was operated in J.M. Care Hospital to claim BSKY card facility of the Government, the patient was shown to have been admits in the nursing home run by Petitioner.
6. It is submitted by the learned senior counsel for the Petitioners that even if the entire allegation of the prosecution is accepted at its face value, taking into account the progress in investigation and the period of incarceration, further detention of the Petitioner would be punitive.
7. So far as Petitioner in BLAPL No. 5156 of 2023 is concerned it is on record that he is the Manager of Sova Nursing home and was working under the Petitioner (Ashok Kumar Pati) in BLAPL No. 5446 of 2023.
8. Learned counsel for the Petitioner in BLAPL No. 5156 of 2023 submits that because of his job requirement he was merely acting at the behest of the accused-Petitioner in BLAPL No. 5446 of 2023.
9. Learned counsel for the State opposes the prayer during currency of investigation and submits that public money is being wrongfully swindled and hence this being a economic offence, the Page 2 of 3 Petitioner in BLAPL No. 5446 of 2023(Ashok Kumar Pati) ought not to be released on bail at this stage.
10. Considering the nature of allegation and Petitioners being the first offenders, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
11. Additionally, it is directed that the Petitioner in BLAPL No. 5446 of 2023(Ashok Kumar Pati) shall furnish cash security to the tune of Rs. 2,00,000/- which shall be kept in interest bearing account, subject to the outcome of the trial.
12. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.
13. Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every 15days on such date and time to be fixed by the learned Court in seisin till the submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
14. Accordingly, the BLAPL stands disposed of.
15. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 15-Jul-2023 17:30:28 Page 3 of 3