Satyanarayan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10069 of 2022 Satyanarayan Behera ....

Petitioner Mr. B.K. Ragada, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Pattnaik, ASC CORAM: JUSTICE V. NARASINGH

ORDER

01.12.2022 Order No.

02.

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in G.R. Case No.1225 of 2022 pending on the file of learned J.M.F.C. (City), Cuttack, arising out of Madhupatna P.S. Case No.264 of 2022, for commission of offence under Sections 420/409 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. Sessions Judge, Cuttack by order dated 27.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is alleged that the Petitioner as an agent of Bajaj Finance Limited had collected contributions from the customers but did not deposit the same with the Company and the alleged misappropriation of the said amount is to the tune of Rs.1,98,751/-.

5.

It is stated by the learned counsel that the Petitioner is in custody since 17.09.2022 and taking into account the substantial progress in the investigation and the nature of allegation, inter alia, under Sections 420/409 IPC, his further continuance in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for release during currency of the investigation. 7.

Taking into account the nature of allegation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 8.

Additionally, it is directed that the Petitioner shall appear before the Investigating Officer once every week till submission of final form. The first date and time to be fixed by the learned Court in seisin over the matter. Certification of such appearance shall be submitted to the learned Court in seisin over the matter. 9.

The BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge PKS