Orissa High Court
Kumud Ranjan Sethi @ Sethy vs State Of Odisha .... Opp. Party on 15 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.8147 of 2024
Kumud Ranjan Sethi @ Sethy .... Petitioner
Represented By Adv.
Mr. D. Sethi.
-versus-
State of Odisha .... Opp. Party
Represented By Adv.-
Mr. M.R. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No. ORDER
15.01.2025
05. 1. This matter is taken up through Hybrid Arrangement
(Virtual/ Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate appearing for the State-Opposite
Party.
3. The present application has been filed under Section 438 of
Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with
Bargarh P.S. Case No.651 of 2023, corresponding to C.T. Case
No.1654 of 2023, pending in the court of learned S.D.J.M.,
Bargarh, for alleged commission of offences punishable under
Sections 420/506/493/417 of the IPC.
4. Earlier, by the order dated 29.11.2024, the matter was sent to
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the District Mediation Centre, Bargarh with a further direction to
the parties to cooperate with the Mediator for an amicable
dissolution of the dispute. A report from the District Mediation
Centre, i.e. through the Secretary, District Legal Services
Authority, Bargarh has been received. On perusal of the report
dated 10.01.2025, it appears that the mediation has become
successful and the dispute has been dissolved amicably subject to
the agreement of the parties, which has been reduced to writing on
20.12.2024and the same forms part of the letter dated 10.01.2025.
5. Learned counsel for the State on the other hand submits that if the petitioner is enlarged on bail, then the terms and conditions that have been agreed upon by the parties be incorporated as conditions of the order releasing the petitioner on bail.
6. Taking into consideration the submissions made by the learned counsel appearing for the parties, keeping in view the surrounding facts of the case, the subsequent development, particularly the mediation report dated 10.01.2025, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of three weeks from today and move an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case. It is further directed that while imposing conditions, the learned Court in seisin over the matter shall include the terms and conditions which were agreed upon by the parties before the Mediation Centre, which forms part of the letter dated 10.01.2025 submitted by the Secretary, District Page 2 of 3 Legal Services Authority, Bargarh. Violation of any of the terms and conditions shall entail cancellation of bail.
7. Later, learned counsel for the petitioner submits that since the account of the petitioner has been freezed, the petitioner is unable to operate the same.
8. Taking into consideration the aforesaid difficulty, liberty is given to the petitioner to move an application before the competent authority for de-freezing the bank account of the petitioner. In the event, such an application is moved, the competent authority shall pass necessary orders in accordance with law.
9 Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
(Aditya Kumar Mohapatra) Judge amit Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 27-Jan-2025 12:20:33 Page 3 of 3