Swapnarani Pattanayaka @ Pattanaik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 16301 of 2021
1. Swapnarani Pattanayaka @ Pattanaik
2. Sanjukta Pattanayak
3. Reetanjali Pradhan ....
Petitioners Mr. M. Acharya, Advocate -versusState of Odisha ....
Opp. Party Ms. Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
20.01.2022 01.
This matter is taken up by video conferencing mode.
Heard learned counsel appearing for the petitioners and learned counsel for the State. This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.252 of 2021 arising out of Odagaon P.S. Case No.140 of 2021 pending in the Court of learned J.M.F.C., Odagaon for alleged commission of offences under sections 420/406/34 of the Indian Penal Code.
// 2 // Learned counsel for the petitioners placed the first information report from which it reveals that petitioner no.1 Swapnarani Pattanayaka @ Pattanaik misappropriated Government money to the tune of Rs.4,45,360/- and petitioner no.2 Sanjukta Pattanayak misappropriated Government money to the tune of Rs.5,69,835/- and petitioner No.3 Reetanjali Pradhan misappropriated Government money to the tune of Rs.3,92,855/-. Learned counsel for the petitioners submitted that the petitioners shall deposit such amount before the Block Development Officer, Odagaon Block and will produce the receipts before the learned J.M.F.C., Odagaon within a period of six weeks from today.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the fact that the offences are triable by Magistrate and after hearing the learned counsel for the State, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties for the like amount to the satisfaction of the arresting officer with further conditions that with further conditions that they shall
// 3 // make themselves available for interrogation by the I.O. as and when required and they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer. The petitioner no.1 Swapnarani Pattanayaka @ Pattanaik shall deposit a sum of Rs.4,45,360/- (rupees four lakhs forty five thousand three hundred sixty only), the petitioner no.2 Sanjukta Pattanayak shall deposit a sum of Rs.5,69,835/- (rupees five lakhs sixty nine thousand eight hundred thirty five only) and the petitioner no.3 Reetanjali Pradhan shall deposit a sum of Rs.3,92,855/- (rupees three lakhs ninety two thousand eight hundred fifty five only) befoe the B.D.O., Odagaon Block within a period of six weeks from today and produce the receipts before the learned J.M.F.C., Odagaon.
Violation of any of the above conditions shall entail cancellation of bail.
If the petitioners fail to deposit the alleged misappropriated money and produce the receipts as mentioned above, the learned Magistrate shall issue non-bailable warrant of arrest against the petitioners. A copy of the order be communicated to the learned J.M.F.C., Odagaon.
// 4 // The ABLAPL is accordingly disposed of.
Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge P