Jyoti Ranjan Senapati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2573 of 2022 Jyoti Ranjan Senapati ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

30.03.2022 01.

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 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.89 of 2022 arising out of Ersama P.S. Case No.35 of 2022 pending in the Court of learned J.M.F.C., Ersama for alleged commission of offence under section 409 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted that though it is a case of misappropriation of Government money to the tune of Rs.1,78,325/- (rupees one lakh seventy eight thousand three hundred twenty five) but the F.I.R. itself indicates that the petitioner has deposited the

// 2 // same and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State has not disputed that the F.I.R. reveals about the deposit made by the petitioner.

Considering the submissions made by the learned counsel for the respective parties, since the amount of misappropriation has already been deposited and the offence is triable by Magistrate, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he 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 such facts to the Court or to the Investigating Officer. Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM