Mona Pattasani v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 1320 of 2022
1. Mona Pattasani
2. Naba Kishore Pattasani
3. Dhiren Pattasani.
4. Sashi Bhusan Pattanaik @ Kalia ....
Petitioners Mr.S.P. Sas, Advocate -versusState of Odisha ....
Opp. Party Mr.A.K. Beura, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
15.02.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioners and learned counsel for the State.
This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Jatni P.S. Case No.662 of 2021 corresponding to G.R. Case No.703 of 2021 pending in the Court of learned J.M.F.C, Jatni for alleged
// 2 // commission of offences under sections 420/452/294/323/354/506/34 of the Indian Penal Code.
Perused the F.I.R. annexed to the anticipatory bail application.
Learned counsel for the petitioners submitted that petitioner no.1 had availed some hand loan from the informant on the eve of her daughter's marriage but since the amount could not be repaid in bank, this false case has been foisted and the offences are triable by Magistrate and in the meantime, the case has been amicably settled between the parties and decision has been taken that the petitioners shall refund the loan amount and in lieu of that, cash of Rs.50,000/- (fifty thousand) has also been refunded.
Learned counsel for the State submitted that the Annexure-2 is a genuine document.
Considering the submission made by the learned counsel for the respective parties, background of the case and the fact that amicable settlement has been arrived between the parties and the offences are triable by Magistrate, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) each with two
// 3 // sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer. Violation of any of the conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy.
p ( S.K. Sahoo) Judge