Prasanna Kumar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 929 of 2022 Prasanna Kumar Mohapatra and another ....

Appellant Mr. B.K. Bal, Advocate -Versus - State of Odisha and another ....

Respondent Mr. R. Tripathy, Additional Standing Counsel Mr. P.K. Sahoo, (for O.P. No.2)

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 25.11.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

Heard learned counsel for the appellants and learned counsel for the State 3.

The appellants are in custody since 18.10.2021 in connection with Salipur P.S. Case No. 212 of 2022 corresponding to C.T. Case No. 184 of 2022 pending in the court of learned PO SC & ST (PA) Act, Cuttack for the alleged commission of offence under Sections 466/467/471/120-b/506 of IPC and read with Sections 3(1)(r)(s)(f)(q)(Z) of SC & ST (PoA) Act.

4.

The allegations leveled against the appellants are that they connived with several revenue officials to effect changes in the revenue map of several places, which facilitated sale of a portion of the land validly purchased and possessed by the informant. Learned court below rejected the bail application, filed by the appellants mainly on the ground that investigation is in progress. 5.

In course of hearing, it is stated at the bar that charge sheet has

not yet been submitted and investigation is going on mainly with regard to finding out the involvement of other public servants in the case.

6.

Considering the submissions as above, this Court is not inclined to grant bail to appellant no.1-Prasanna Kumar Mohapatra, which is therefore rejected with liberty to renew his prayer after submission of charge sheet. However, considering the fact that the appellant no.2 is a lady and there is no specific allegation against her relating to forgery etc., I am inclined to take a lenient view in the matter. The bail application in respect of appellant no.2-Pravasini Mohapatra is therefore, allowed.

7.

Let the appellant no.2-Pravasini Mohapatra be released on bail on such terms and conditions as the learned court below may deem fit and proper to impose including the following conditions:- i. The appellant no.2 shall appear before the court in seisin over the matter personally on each date of posting of the case failing which, the said court shall issue NBW against her.

ii. She shall not attempt to influence, coerce or pressurize the prosecution witnesses in any manner whatsoever.

iii. She shall make herself available as and when required by the I.O.

4.

The CRLA is accordingly disposed of.

B.C. Tudu (Sashikanta Mishra) Judge