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Orissa High CourtBLAPL/8435/2021disposed off

Niranjan Rana v. State Of Odisha

2022-08-11Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8435 of 2021 Niranjan Rana ....

Petitioner Mr. S.C. Mohapatra, Adv.

- Versus - State of Odisha ....

Opp.Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

07.

2.

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

3.

As per certified copy of the order dated 09.08.2022 passed by the court below filed in Court today, the petitioner has surrendered to custody on 09.08.2022 after expiry of the period of interim bail.

4.

The petitioner is in custody since 13.08.2021 having been remanded in connection with Sahidnagar P.S. Case No.279 of 2021 corresponding to C.T. Case No.3870 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for the alleged commission of offence under Sections 467/468/471/420/ 506/294 of IPC.

5.

It is alleged that the petitioner committed fraud by selling some plot to the informant who, being influenced by him, paid a sum of Rs.6,42,000/- for such transfer. Accordingly, sale deed was executed. Thereafter when the informant applied for mutation, the same was rejected because of non-availability of plot corresponding to said plot numbers. On such allegation, the

informant lodged the FIR.

6.

It is submitted by Mr. S. Mohapatra, learned counsel for the petitioner that the allegations are false and baseless and in any event, the dispute has been settled and another sale deed was executed in favour of the informant, as directed by this Court.

7.

I have considered the submissions as also the materials on record. Charge sheet has already been submitted. The petitioner has been in custody since 30.08.2021. It would suffice to note that the petitioner by executing another sale deed has proved his bonafides. I therefore, find no reason to detain the petitioner in custody any longer. The bail application is therefore allowed. 8.

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 condition that he shall personally appear before the trial court on each date of posting of the case.

9.

BLAPL is accordingly disposed of.

10.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana