Sudhanshu Sekhar Pattanaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5656 of 2022 Sudhanshu Sekhar Pattanaik ....

Petitioner Mr. S.R. Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

On perusal of the F.I.R., it appears that the dispute involved in the F.I.R. arises out of a business between the two partners of a travel agency. It is further alleged in the F.I.R. that the informant paid a sum of rupees five lakhs through RTGS Transfer but after receipt of the consideration amount, the petitioner neither handed over the possession the vehicle nor transferred the vehicle in the name of the informant and that they had agreed to share profit and loss @ 50% each. Hence, the present case.

5.

Learned counsel for the petitioner submits that the present petitioner has been falsely implicated in this case. He further submits

// 2 // that by filing the present F.I.R., informant is trying to convert a civil dispute into a criminal dispute.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned S.D.J.M., Bhubaneswar in C.T. Case No.2284 of 2021, arising out of Lingaraj P.S. Case No.108 of 2021 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra ) Vacation Judge Jagabandhu