Pradeep Kumar Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.16608 OF 2021 Pradeep Kumar Mallick & Another ....

Petitioners Mr. S.K. Behera, Advocate -versusState of Odisha ....

Opposite Party Miss. Samapika Mishra, ASC Mr.Sabyasachi Mishra, Advocate (Informant)

CORAM:

MR. JUSTICE D.DASH

ORDER

27.09.2022 Order No.

02.

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

Learned counsel for the Petitioners submits that in the meantime as against the amount of Rs.3,65,000/- said to have been taken from the Informant; a sum of Rs.4,00,000/- has been refunded by the Petitioner to the Informant.

3.

Learned counsel for the State submits to have no instruction in the matter.

4.

Considering the submissions and on going through the materials as placed including the affidavit of the Informant; it is directed that in the event the Petitioners surrender before the Court in seisin of the case in Mancheswar P.S. Case No.378 of 2021 corresponding to C.T. Case No.6417 of 2021 pending on the file of learned S.D.J.M., Bhubaneswar within four weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court provided the Petitioners would satisfy the said court as regards the payment a sum of Rs.4,00,000/- to the Informant. It is hereby clarified that in the

// 2 // event the Petitioners fail to show the factum of refund of money as stated to the satisfaction of the said court, this order shall have no effect and the Court below may then proceed in the matter in accordance with law.

4.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Himansu