Orissa High Court
Pramod Kumar Panda vs State Of Odisha on 24 March, 2021
BLAPL No. 9098 of 2020
Pramod Kumar Panda ....... Petitioner
-Vrs.-
State of Odisha ....... Opp. Party
04. 24.03.2021 This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. in connection with C.T. Case No.1483 of 2019
arising out of Lakhanpur P.S. Case No.89 of 2019
pending in the Court of learned S.D.J.M., Jharsuguda for
offences punishable under sections
420/468/471/473/201 of the Indian Penal Code.
The petitioner moved an application for bail
before the Court of learned Addl. Sessions Judge,
Jharsuguda which was rejected on 11.12.2020.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 03.12.2020. As
per order dated 17.02.2021, the learned counsel for the
State submitted that the amount of misappropriation is
Rs.16,09,340/-. Learned counsel for the petitioner was
asked to obtain instruction as to how the petitioner will
deposit the said amount.
Learned counsel for the petitioner has also filed a
memo with a letter of the Dy. Manager (P), Lakhanpur
OCP which is dated 05.03.2021 which is a sanction order
and it indicates about the approval of the Competent
Authority, Lakhanpur Area for payment from security
deposit of M/s. Belpahar Parivahan Co-operative Society
Limited (BPCL) present at Lakhanpur OCP, Lakhanpur
area an amount of Rs.15,74,057/- towards payment of
dues to the bank accounts of respective contractor
workers of M/s. BPCL and an amount of Rs.1,26,653/-
towards payment of the interest on late deposit of CMPF
to CMPFO account.
Today, learned counsel for the State produced a
letter of the Project Officer, Lakhanpur OCP, Lakhanpur
Area which is addressed to the Inspector in Charge of
Lakhanpur police station wherein it is indicated that the
security deposit amount of M/s. BPCL to Rs.24,09,112/-
is available with the MCL and the said amount will be
adjusted for payment of dues to the workers and it is
further mentioned that an amount of Rs.15,74,057/- is
payable to the respective contractor workers of M/s.BPCL
and the amount of Rs.1,26,653/- is payable to CMPFO
account towards interest on late deposit of CMPF. The
pay orders have been sent to GM office.
In view of the available materials on record and
since payment of money to the contractor workers have
already been taken care of and money has been
sanctioned for the said purpose out of the security
deposit amount and taking into account the fact that the
offences are triable by Magistrate and the period of
detention of the petitioner in judicial custody, I am
inclined to release the petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of Rs.50,000.00
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the Court
in seisin over the matter with further terms and
conditions as the learned Court may deem just and
proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
.............................
Sisir S.K. Sahoo, J.