Orissa High Court
Prashant Kumar Dash vs State Of Odisha on 19 December, 2017
Equivalent citations: AIRONLINE 2018 ORI 117
Author: J.P. Das
Bench: J.P. Das
ORISSA HIGH COURT, CUTTACK.
BLAPL NO. 8009 OF 2017
(In the matter of an application under Section 439 of the Code of
Criminal Procedure, 1973 arising out of G.R. Case No.178 of
2013 corresponding to Titilagarh P.S.Case No. 0105 of 2013
pending on the file of S.D.J.M. Titilagarh.)
Prashant Kumar Dash ....... Petitioner.
-versus-
State of Odisha ....... Opp-Party.
For Petitioner : M/s. S.C.Tripathy, R.Roy,
S.K.Singh, A. Pradhan and
S.Sourav
For Opposite Party : A.K. Bose
Additional Standing Counsel
(C.B.I.)
BLAPL NO. 8010 OF 2017
(In the matter of an application under Section 439 of the Code of
Criminal Procedure, 1973 arising out of G.R. Case No.604 of
2013 corresponding to Nabarangpur P.S.Case No. 161 of 2013
pending on the file of S.D.J.M.,Nabarangpur)
Prashant Kumar Dash ....... Petitioner.
-versus-
State of Odisha ....... Opp-Party.
For Petitioner : M/s. S.C.Tripathy, R.Roy,
S.K.Singh, A. Pradhan and
S.Sourav
For Opposite Party : A.K. Bose
Additional Standing Counsel
(C.B.I.)
2
BLAPL NO. 8011 OF 2017
(In the matter of an application under Section 439 of the Code of
Criminal Procedure, 1973 arising out of G.R. Case No.573 of
2013 corresponding to Jajpur P.S.Case No. 157 of 2013 pending
on the file of C.J.M., Jajpur)
Prashant Kumar Dash ....... Petitioner.
-versus-
State of Odisha ....... Opp-Party.
For Petitioner : M/s. S.C.Tripathy, R.Roy,
S.K.Singh, A. Pradhan and
S.Sourav
For Opposite Party : A.K. Bose
Additional Standing Counsel
(C.B.I.).
PRESENT:
THE HONOURABLE SHRI JUSTICE J.P. DAS
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DATE OF HEARING 06.12.2017 DATE OF JUDGEMENT : 19.12.2017
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J.P.Das, J This common order shall dispose of the
mentioned three bail applications arising out of three
cases vide G.R. Case No.178 of 2013 corresponding to
Titilagarh P.S. Case No.0105 of 2013 on the file of
learned S.D.J.M.,Titilagarh registered under Sections
467/468/471/406/420/120-B/34,I.P.C. read with Sections 4/5/6 of the Prize Chits Money Circulation Scheme (Banning) Act,1978 and Section 6 of Odisha Protection of Interest of Depositors (In Financial Establishments) Act,2011; G.R. Case No. 604 of 2013 corresponding to Nabarangpur P.S. Case No.161 of 3 2013 on the file of learned S.D.J.M., Nabarangpur registered under Sections 467/468/471/406/420/ 120-B/34,I.P.C. read with Sections 4/5/6 of the Prize Chits Money Circulation Scheme (Banning) Act,1978 and G.R. Case No. 573 of 2013 corresponding to Jajpur P.S. Case No.157 of 2013 on the file of learned C.J.M., Jajpur registered under Sections 420/120-B/ 294/506/34,I.P.C and Sections 4, 5 and 6 of the Prize Chits Money Circulation Scheme (Banning) Act,1978 against the present petitioner along with others as accused in all the three cases.
2. Three separate cases were registered at Titilagarh Police Station, Nabarangpur Police Station and Jajpur Town Police Station on three F.I.Rs. lodged by separate informants alleging that the Sea-Shore Group of Companies of which the present petitioner was the Managing Director through its sister concerns having its Branch Offices in different places of the State of Odisha, collected money from different persons with assurance of high return within short span of time, but, subsequently the investors found out that they have been cheated. The Sea-Shore Group of Companies was incorporated under the provisions of the Companies Act in the year 2008 but subsequently formed some sister concerns as Multi-purpose Co- operative Society Limited under the statute of Odisha 4 Self Help Co-operative Act, 2001 and the present petitioner happened to be the Managing Director of the Group of Companies and the President of the Co- operative Society. The Company through different public meetings promoted its affair floating lucrative schemes and accepted deposits from general public. The properties of the Company were seized in the year 2012 and the petitioner was arrested on 19.06.2013 in a similar case on the file of learned C.J.M., Koraput at Jeypore and subsequently, he has been remanded in different cases instituted at different places. In G.R. Case No.306 of 2013 the petitioner was arrested on 19.06.2013 and in other two cases he was remanded to custody on 24.06.2013 and 16.09.2013.
3. It was submitted by the learned counsel for the petitioner that for the self-same allegations the petitioner has been implicated as accused in three cases apart from the fact that he was in custody in a case being investigated into by the C.B.I in R.C. No.49/S/2014-SCB/KOL pending on the file of learned Special C.J.M..(C.B.I.), Bhubaneswar for similar allegations of offences. It was submitted that the implication and trial of the accused in the aforesaid three cases is nothing but double jeopardy caused to the petitioner since the allegations in all the cases are not only similar but also same as in the case 5 investigated into by the C.B.I. It may be mentioned here that since allegations of cropping up of different Chit Fund Companies cheating the gullible poor investors came up for consideration before the Hon'ble Apex Court in a Public Interest Litigation, direction was issued in I.A. No.20 in W.P.(Civil) No. 401 of 2013 by the Hon'ble Apex Court to take up the investigation by the C.B.I. against forty four Chit Fund Companies out of which the Seashore Group of Companies was one. Pursuant thereto, a number of cases registered at different Police Stations in which the investigation was taken up as well as completed were taken over by the C.B.I and the matters are being still investigated into awaiting submission of final charge-sheet albeit preliminary charge sheet has been submitted. In these three cases preliminary charge sheets have been submitted on 17.12.2013 , 20.11.2013 and 28.10.2013 respectively keeping the investigation still open. Considering the circumstances, learned counsel for the C.B.I. was asked for a report as to whether the present three cases have been taken over by the C.B.I. for investigation. It was submitted that although Seashore Group of Companies, Sea-Shore Securities Limited and Seamanchal Multipurpose Co-operative Society Limited as involved in the aforesaid three cases are included within the C.B.I investigation still the specific three cases at police stations of Titilagarh, Nabarangpur and 6 Jajpur have not been taken up by the C.B.I for investigation. It is not disputed that the nature of allegations are self-same in all the cases. In the present three cases, preliminary charge-sheets have already been submitted since 2013. It was further submitted by the learned counsel for the petitioner that taking into consideration similar circumstances in respect of three cases registered against the petitioner in the districts of Koraput and Nabarangpur, he has been granted with bail by this Court in three separate bail applications. It was also submitted that the petitioner has been granted with bail by this Court in the case instituted on behalf of the C.B.I as per direction of the Hon'ble Apex Court and that the petitioner has already remained in custody for more than four years and taking into consideration long incarceration of the accused persons without submission of the final charge sheet, the Hon'ble Apex Court has been pleased to grant bail to one of the Directors of the present Company who is also the brother of the present petitioner.
4. It was submitted by the learned counsel for the State that in view of the serious nature of allegations of committing economic offences by the Company of which the present petitioner was the Managing Director, he should not be granted with bail, 7 moreso, for the reason that the investigation has still been kept open.
5. However, considering the peculiar circumstances of the case and the undisputed facts that the petitioner has been languishing in custody since 2013 and after submission of preliminary charge- sheet in the year 2013, the investigation could not be completed till date apart from the fact that the petitioner has been granted with bail in the main case investigated and charge-sheeted by the C.B.I, I am of the view that the petitioner can be released on bail.
6. Accordingly, it is directed that let the petitioner be released on bail in the aforesaid three cases by executing a bond of Rs.1,00,000/-(rupees one lakh) with two solvent sureties for the like amount in each of the cases to the satisfaction of the learned courts in seisin over the respective cases with further conditions that he shall not leave the State of Odisha without prior permission of the learned trial court, shall not tamper with the prosecution evidence in any manner whatsoever and shall surrender his pass-port before the trial court before being released on bail. If he has already surrendered his passport in some other case, he shall file an affidavit to that effect before the trial court.
8 All the aforesaid three BLAPLs are
accordingly disposed of.
..................
J.P. Das, J.
Orissa High Court, Cuttack
Dated, 19th December, 2017/Lingaraj