Pankaj Kumar Parida vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner and learned Standing Counsel appearing for the OPID. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Case No.18 of 2023, arising out of EOW, Bhubaneswar P.S Case No.23 of 2023, pending in the Court of learned Presiding Officer, Designated Court under OPID Act, Cuttack for alleged commission of offence punishable under Sections 406, 420, 467, 468, 471, 120(B) of IPC read with Section 6 of OPID Act.

It is submitted by the learned counsel for the Petitioner that the Petitioner has been released on interim bail by a coordinate bench of this Court vide order dated 10.04.2024. While releasing the Petitioner on interim bail, learned coordinate bench has imposed a condition whereby the Petitioner depositing a cash security of Rs.5 lakhs and property security of Rs.20 lakhs. On perusal of order dated 17.05.2024, it appears that the aforesaid cash security of Rs.5 lakhs and property security of Rs.20 lakhs has been accepted by the court in seisin over the matter. Thereafter, the Petitioner was released on bail as directed by this Court. The order of interim bail, was further extended up to 01.07.2024 on 17.05.2024. He further submitted that the Petitioner is cooperating with the investigation and he is not misused the liberty.

Learned Standing Counsel for the OPID on the other hand objected the release of the Petitioner on bail on the ground that the Petitioner is a Director of a Company. He further contended that in the event he is released on bail, he might abscond which would unnecessarily cause delay in conclusion of the trial. Therefore, on such ground, learned counsel for the OPID submitted that the bail application of the Petitioners be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the fact that the Petitioner has been released on interim bail and the Petitioner has been cooperating with the investigation and after filing of the charge sheet there is no required further custodial interrogation, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on same bail bond and conditions as has been imposed vide order dated 10.04.2024 with further conditions that:-

I. The petitioner shall cooperate with the I.O. and appear before him for the purpose of investigation as and when his presence is required;

II. shall not default in attendance of the court during trial on each date of posting;

III. shall not leave the jurisdiction of the trial court without prior permission of the trial court; and

IV. shall surrender all the travel documents like Pass Port, in the event he has no pass port, he shall furnish an affidavit to that effect. Further it is made clear that if the travel documents have already been submitted by the Petitioner, the same be attached pursuant to the present order.

Violation  of  any  of  the  terms  and  conditions  shall  entail cancellation of the bail.

The BLAPL is, accordingly, disposed of.

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