Kailash Chandra Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2854 of 2022 Kailash Chandra Parida ....

Petitioner Mr. A. Bhuyan, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.4.2022.

Order No.

01.

1. This matter is taken up through hybrid mode.

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

3. The Petitioner is in custody since 17th March, 2022 in connection with Keonjhar Town P.S. Case No.273/2018 corresponding to G.R. Case No.1397/2018 pending in the court of learned S.D.J.M., Keonjhar for the alleged commission of the offence under Sections 420/468/471/406/506/34 of I.P.C..

4. The allegation is that the Petitioner acting as an Agent in a sale transaction relating to land belonging to one Kishore Kumar Barik induced the informant to purchase a plot of land,

// 2 // which was found to be a land belonging to the deity Sri Raghunath Jew Bije. The matter came to light when the Petitioner was alleged to have created a fraudulent deed of transfer without indicating the name of the deity. Since the property belongs to the deity, permission under Section 19 of the OHRE Act from the Commissioner of Endowment is necessary and, therefore, the Petitioner lodged the F.I.R. alleging fraud.

5. Considering the submissions as above, the materials on record and the fact that nothing further remains to be done in so far as the investigation of the case is concerned as also taking into consideration the bonafides of the Petitioner in refunding Rs.20,000/- to the informant, 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 furnish cash security of Rs.30,000/- (Rupees Thirty Thousand) and shall appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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