Ratnakar Pradhan vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in G.R Case No.371 of 2023 pending on the file of learned C.J.M, Sundargarh, arising out of Kinjirkela P.S. Case No.60 of 2023 for commission of the offence under Section 409 IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge I/c, Sundargarh, by order dated 20.07.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that during incumbency of the Petitioner as GDSBPM, Tildega Branch Post Office has committed defalcation of public money to the tune of Rs.3,84,870/-.

It is further submitted that charge sheet has already been filed on 2.6.2023.

It is stated that the Petitioner is the first offender. Hence, he may be released on bail.

Learned counsel for the State opposes the prayer on account of defalcation of public money.

Taking into account the age of the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to the Petitioner furnishing cash security of Rs.1,00,000/- (rupees one lakh) before the learned Court in seisin. The same shall be kept in a short term interest bearing account to be pledged in the name of the court and subject to final outcome of the trial.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

It is needless to state here that the cash security as directed does not in any way reflect the complicity of the Petitioner and the same has to be adjudicated independently in the impending trial.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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