Orissa High Court
Manas Purna Acharya & vs State Of Odisha ... Opposite Party on 14 December, 2021
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 321 of 2021
Manas Purna Acharya & ... Petitioners
Ors.
Mr. R. Acharya, Advocate
- Versus -
State of Odisha ... Opposite Party
Mr. P. Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_ 14.12.2021 Order No. 1. This matter is taken up through hybrid mode.
2.
2. Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.
3. The petitioners claim to be the legal heirs of Late Rajendra Prasad Acharya, who was an accused in G.R. Case No. 76 of 2019 of the Court of learned J.M.F.C., Aska, corresponding to Aska P.S. Case No. 40 of 2019 for the alleged commission of offence under Sections 406/409 of IPC. The accused had approached this Court in ABLAPL No. 13193 of 2019 and vide order dated 26.09.2019, this Court passed the following order:
"Considering the submissions made and on going through the materials available on record, further keeping in view the surrounding circumstances and in the absence of any other impediment, it is directed that in the event, the petitioner surrenders before the court in seisin of the case in connection with Aska P.S. Case No. 40 of 2019 corresponding to G.R. Case No. 76 of 2019 on the file of learned J.M.F.C., Aska within four weeks hence and moves for his release on bail on such terms and conditions as deemed just and proper by the court in seisin of the case with the further condition that the petitioner without prejudice to his defence would deposit a sum of Rs.6,00,000/- (Rupees six lakhs) before the said court which shall kept under long term Page 1 of 1 fixed deposit in any Nationalized Bank and would renewed from time to time as the court deems proper, whose disbursement / release shall be subject to the final order as would be passed at the conclusion of the trial."
4. In obedience to such order, the accused deposited a sum of Rs.6,00,000/- in the court below, which is still lying in such deposit. It is submitted that in the meantime, the accused has expired and therefore, the amount lying in deposit should be released in favour of his legal heirs, i.e., the present petitioners. Without expressing any opinion on the merits of the case, this Court deems it proper to dispose of the CRLMC by granting liberty to the petitioners to move the court below by filing appropriate application for release of the amount in their favour. It is needless to mention that in the event such an application is filed, learned court below shall pass necessary orders within a period of four weeks, after granting proper opportunity of hearing to the petitioner-claimants and by making necessary enquiry, if required in the matter.
5. With these observations, the CRLMC is disposed of.
6. Learned JMFC shall act upon a certified copy to be produced before it.
(Sashikanta Mishra) A.K. Rana Judge Page 2 of 2