Jeetendra Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1883 of 2022 Jeetendra Mishra ....

Petitioner Mr. Bharat Jalli Advocate -versusState of Odisha ....

Opposite Party Mr.Anil Naik, Addl. Standing Counsel (OPID)

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

07.9.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 9th February, 2022 in connection with Berhampur Town P.S. Case No.109/2016 corresponding to G.R. Case No.4/2016(A) pending in the court of learned Presiding Officer, OPID Court, Berhampur for the alleged commission of the offence under Sections 120B/467/468/471/420/406/34 of I.P.C. read with Section 6 of OPID (in Financial Establishments) Act.

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4. It is alleged that the Petitioner was collecting deposits from the local public on behalf of a company. One Pradeep Kumar Singh was the Managing Director of the Company. It is further alleged that the total depositors/investors are 37 and the total amount involved is Rs.2,19,15,651/-. The case was investigated by the CBI. In the mean time charge sheet has already been submitted. The principal accused Pradeep Kumar Singh has been released on bail as per order passed by this Court in BLAPL No.1203 of 2021.

5.Having heard learned counsel for the Petitioner and learned counsel appearing for the OPID, I find no justified reason to treat the Petitioner differently than the co-accused.

6. Considering the above facts as also the period of detention 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 on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again. Further, he shall also appear before the I.I.C. of Berhampur Town P.S. once in every fort- night for a period of six months and such fact shall be certified by the I.I.C. to the concerned Court once in a month. He shall not leave the territorial jurisdiction of the court without obtaining leave and in case leave is granted, the

// 3 // Petitioner shall furnish his current addresses and mobile numbers to the Court and the I.O..

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge