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Orissa High CourtBLAPL/9801/2021allowed

Supravat Mahapatra v. State Of Odisha

2022-01-18Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9801 of 2021 Supravat Mahapatra ....

Petitioner Ms. Rajalaxmi Biswal, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Mohanty, Additional Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

18.01.2022 Order No.

01.

1.

The matter is taken up through video conferencing mode. 2.

Heard Ms. R. Biswal, learned counsel for the Petitioner and Mr. P.K. Mohanty, learned Additional Standing Counsel. 3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Supravat Mahapatra in connection with Badabazar P.S. Case No.112 of 2019 corresponding to G.R. Case No.966 of 2019 pending in the court of learned S.D.J.M., Berhampur for alleged commission of offence under Sections 419/ 420/ 507 of the Indian Penal Code read with Section 66(C)/66(D) of the I.T. Act on the allegation of grabbing Rs.2,75,000/- through online fraud from the bank account of the informant.

4.

It is submitted that the Petitioner is inside custody since 28th August, 2021 and in the meantime investigation has been completed. It is further submitted that the Petitioner being a permanent resident under Satyabadi P.S. under Puri district, there is less chance of his absconding.

5.

Mr. Mohanty, learned Additional Standing Counsel submits that this Petitioner has 8 numbers of criminal antecedents of similar nature.

6.

However, considering the period of detention of the Petitioner inside custody and the nature of material surfaced against him in course of investigation and the fact of completion of investigation, it is directed to release the present Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not be involved in any other offence while on bail, shall furnish two sureties out of whom one shall be his relative and shall appear before the I.I.C. Badabazar P.S. or any officer authorized by him at Puri once in each week till completion of trial.

7.

It is made clear that violation of any such conditions fixed by this Court or by the Court below shall entail cancellation of bail and the trial court shall be competent to decide the question of cancellation of bail in the event such occasion arises. 8.

The BLAPL is accordingly disposed of.

9.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, in the manner prescribed vide Court's Notice No.514 dated 7th January, 2022.

( B.P. Routray) Judge M.K.Panda