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2025 DAILYLAW 38947 (ORI)

SADGURU SARAN PANDA v. STATE OF ODISHA

BLAPL/5821/2025 · 2025-06-30

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5821 of 2025 Sadguru Saran Panda and others … Petitioners Mr. S.K. Dwibedi, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 30.06.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Keonjhar Town PS Case No.112 of 2025 corresponding to GR Case No.340 of 2025 pending in the file of learned SDJM, Keonjhar, for commission of offences punishable U/Ss.318(4)/3(5) of BNS, on the allegation of cheating the informant for a sum of Rs.72 Lakhs towards sales proceed of a land by not paying it in connivance with the co-accused purchaser and some other accused persons. 3. Heard, Mr. Suryakanta Dwibedi, learned counsel for the petitioners and Mr. M.R. Patra, learned Additional Public Prosecutor in the present matter and perused the record. 4. It is stated by the learned counsel for the petitioner that the petitioner No.2 has issued six cheques in favour of the informant for a sum of Rs.72 Lakhs, but such cheques have been dishonored, however, the petitioners have only limited role to mediate the sale and the land was sold to one Dinakrushna Rout, who was supposed to pay the amount to the informant and, therefore, the petitioner having no role may kindly be granted bail. On the other hand, Mr. M.R. Patra, learned Additional Public Prosecutor prays to reject the bail application of the petitioner. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 12.03.2025 with submission of charge-sheet in the meantime and taking into account the role as alleged against the petitioners and keeping in view the land to have been sold to co- accused Dinakrushna Rout, this Court without expressing any view on merits admits each of the petitioners to bail. 6. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioners shall not commit any offence while on bail, (ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS, 2023 in accordance with law and (iii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating their present address of stay to the concerned Court. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer