Indumati Prusty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10561 of 2022 Indumati Prusty ....

Petitioner Mr. K. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

17.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioner is accused in C.T. Case No.1479 of 2022 pending on the file of learned J.M.F.C., Chandikhole, arising out of Jenapur P.S. Case No.263 of 2022, for commission of offence under Sections 420/468/471 IPC and is in custody since 29.09.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Chandikhole by order dated 14.10.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the Petitioner that the allegation is short deposit of the money collected from the members of S.S.G. Group.

6.

It is also stated that the Petitioner is a disabled person and keeping view the first proviso to Section 437(1) of Cr.P.C., she seeks release.

7.

Learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the Petitioner has antecedents of similar nature.

8.

Taking into account the Petitioner is a lady and a disabled one, 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. 9.

Additionally, it is directed that the Petitioner shall appear before the I.O on the date and time as fixed by the learned Court in seisin over the matter. While fixing the first date and time of such appearance, learned Court in seisin shall keep in mind that the Petitioner is a lady and is physically challenged. 10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS