Santosini Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2426 of 2022 Santosini Mahanta ....

Petitioner Mr. P.K. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. Manoranjan Mishra Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

12.08.2022 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 for bail under section 439 of Cr.P.C. in connection with G.R. Case No.145 of 2021 arising out of Ghatgaon P.S. Case No.18 of 2021 pending in the Court of learned J.M.F.C.-1, Keonjhar for offences punishable under sections 420/506/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 31.01.2021 and the trial has already commenced and eight witnesses have already been examined and the cheating amount involved in the case is Rs.8,56,000/- (rupees eight lakh fifty six thousand) and the petitioner has no criminal antecedent and since the petitioner is a lady, keeping in view the

// 2 // proviso to section 437(1) of Cr.P.C., the bail application may be favourably considered.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody, progress of the trial and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to reconsider the prayer for bail and direct the petitioner to be released 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 subject to conditions that the petitioner shall appear before the learned trial Court on each date when the case would be posted for trial and shall not indulge in any criminal activities and shall not try to tamper with the evidence.

Violation of any terms and conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

P ( S.K. Sahoo) Judge