Orissa High Court
Ashad Ali vs State Of Odisha .... Opposite Party on 22 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NO.5517 OF 2024
Ashad Ali .... Petitioner
Represented By Adv.
-Mr. Amlan Shakti Paul.
-versus-
State of Odisha .... Opposite Party
Represented By Adv.
-Ms. Babita Kumari Sahu, AGA.
CORAM:
HON'BLE MR. JUSTICE A.C. BEHERA
ORDER
Order No. 22.11.2024
06. 1. This matter is taken up through hybrid arrangement
(Virtual/ Physical) mode.
2. This bail application under section 439 of Cr.P.C, 1973 of the Petitioner arising out of C.T. Case No.344 of 2024 in connection with Laxmisagar P.S. Case No.157 of 2024 is taken up for consideration.
3. I have already heard from the learned Counsel for the Petitioners and the learned Standing Counsel for the State.
4. The Petitioner has been charge-sheeted under Section- 419/420 read with 34 of the IPC on the allegation of commission of cheating of Rs.25,500/- from the account of Sumali Charan Maharana (Informant) through the ATM counter.
5. The Petitioner has been brought on remand to this case from Syber Crime Economic Office F.I.R. No.65 of 2024.
6. When the Petitioner is in jail custody for about more than seven (7) months, in this Magisterial triable case and when the charge-sheet has already been submitted, then, at this juncture, I do not feel it proper to keep the Petitioner under detention Page 1 of 2 further inside the bar, in this Magisterial triable in nature of the case.
Therefore, the bail application filed by the on the Petitioner is allowed.
He (Petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Judicial Magistrate First Class-IV, Bhubaneswar with conditions that:-
(i) he (Petitioner) shall not involve with similar nature of crime in future.
(ii) he (Petitioner) shall remain present each date of adjournment of the trial Court till its conclusion.
(ii) he (Petitioner) shall remain present personally on each and every date of adjournment of the case during trial till its conclusion. but, in case of his failure to comply any of the aforesaid conditions, the learned trial Court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court.
6. Accordingly, the bail application of the Petitioner is disposed of finally.
7. Grant certified copy of this order to the Petitioner on proper application.
Signature Not VerifiedDigitally Signed (A.C. Behera), Signed by: NARAYAN HO Reason: Authentication Judge. Location: OHC Narayan Date: 22-Nov-2024 16:54:59 Page 2 of 2