Jogesh Sahoo@ Yogesh Sahu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 514 of 2022 Jogesh Sahoo @ Yogesh Sahu ....
Petitioner Mr. S.R. Mohapatra, Advocate - Versus - State of Orissa ....
Opposite Party Mr. P. Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
28.06.2022 1.
This matter is taken up through hybrid mode.
Order No.
02.
2.
Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
3.
The Petitioner is in custody since 18th November, 2021 in connection with Pipili P.S. Case No.392 of 2021 corresponding to G.R. Case No.558 of 2021 pending in the Court of learned J.M.F.C., Pipili for the alleged commission of the offence under Sections 409/420/467/468/471/120-B/34 of I.P.C. 4.
The prosecution case is that the money deposited in different Savings Bank Accounts of the customers of Andhra/Union Bank of India of Satasankha Branch was allegedly misappropriated. Such Savings Bank Accounts opened by different SSG groups were also withdrawn on joint signatures of the President and Secretary and misappropriated. 5.
It is submitted by learned counsel for the Petitioner that out of six accused persons one has been granted bail by the learned court below and bail of co-accused namely, Manoj Kumar Patra was rejected because investigation of the case is pending. It is submitted that charge sheet has been submitted.
6.
Mr. P. Tripathy, learned Addl. Standing Counsel, has opposed the prayer for bail by submitting that all the six persons had acted in unison to defraud the customers to a huge extent and, therefore, should not be shown any leniency. 7.
I have considered the rival submissions and have also perused the materials on record. As it appears, the total financial involvement of the Petitioner and other accused persons comes to Rs.38,15,534/-. Charge sheet has already been submitted. Petitioner has been in custody for more than seven months by now.
8.
Considering all the above facts as also taking into account the period of detention of the Petitioner in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below personally on each date of posting of the case without fail and in case of any single default, the said court shall pass appropriate orders to take him to custody again. Further, he shall furnish cash security of Rs.2,00,000/-(Rupees Two Lakhs) in the shape of short term fixed deposit in any Nationalized Bank being pledged to the court below 9.
The BLAPL is disposed of.
10. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) Judge A.K. Rana