Jyotirmaya Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10086 of 2022 Jyotirmaya Mohapatra ....

Petitioner Mr. N.C. Pati, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

25.08.2022 Order No.

01.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 420/406/120-B, I.P.C.

4.

Learned counsel for the Petitioner submits that the Petitioner is ready and willing to return the balance amount of Rs.89,000/- (Eighty-nine Thousand) to the Informant.

5.

Considering such submission, nature of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Balasore in C.T. Case No.2262 of

// 2 // 2017 corresponding to Kantapada P.S. Case No.431 of 2017 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 in the facts and circumstances of the case, but subject to the condition that the Petitioner shall return the balance amount of Rs.89,000/- (Rupees Eighty-nine Thousand) to the Informant within a period of four weeks from the date of surrender, failing which this bail order shall stand revoked automatically and the Petitioner shall be taken to custody by following the appropriate legal process by the learned court in seisin over the matter.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida