Niharkanta Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No 3726 of 2022 Niharkanta Pradhan ....
Petitioner Mr. B.Mishra, Advocate -Versus - State of Odisha ....
Opposite Party Mr. M.R. Mishra, Additional Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA ORDER_ 16.09.2022 1.
This matter is taken up through hybrid mode.
Order No.
3.
2.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
3.
The petitioner is in custody since 15.03.2022 in connection with Kabisuryanagar P.S. Case No. 99 of 2022 corresponding to G.R. Case No. 99 of 2022 pending in the Court of learned J.M.F.C., Kabisuryanagar for the alleged commission of offence under Section 409/34 of IPC. x 4.
The petitioner was the Manager of Utkal Grameen Bank. It is alleged that the petitioner in connivance of other staff of the bank unauthorizedly transferred funds from the account of the customers to his personal account through one Anil Panda thereby causing loss to the bank. The amount so transferred is said to be more than Rs. 51 lakhs. It is submitted that in course of search of the house of the petitioner as also his bank accounts, no incrimenting material
was found. The petitioner has spent nearly six month in custody by now. Charge sheet has been submitted.
5.
Taking into consideration all the above facts, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the following condition:- (i) He shall furnish cash security of Rs. 5 lakhs in the shape of short term fixed deposit in any nationalized bank being pledged to the court below. Such deposit shall be without prejudice to the rival claims of the parties. Further, he shall appear before the trial court on each date of posting of the case, failing which it shall open to the said court to pass necessary orders to take him into custody again.
6. The BLAPL is accordingly disposed of.
7. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) Judge
BC Tudu