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2025 DAILYLAW 47321 (ORI)

SIPU @ SIPUN DEHURY v. STATE OF ODISHA

BLAPL/7226/2024 · 2025-01-28

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7226 of 2024 Sipu @ Sipun Dehury …. Petitioner Mr. B.R. Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. P. Satapathy, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 03.02.2025 I.A. No.154 of 2025 08. 1. This matter was not in today’s list and on being specifically mentioned, it is taken up for hearing. 2. Heard Mr. Mohanty, learned counsel for the petitioner and Mr. Satapathy, learned ASC for the State. 3. Instant petition is filed seeking modification of the conditions imposed while releasing the petitioner on bail vide order dated 28th January, 2025 in BLAPL No.7226 of 2024. 4. Mr. Mohanty, learned counsel for the petitioner submits that in fact the amount of misappropriation is not yet revealed and the investigation is in progress and therefore, the condition, such as, to pay back the balance within a period of four months to be deleted. 5. A copy of the chargesheet is produced in Court today by the learned counsel for the petitioner and the same is perused. Page 2 of 2 6. Recorded the objection of Mr. Satapathy, learned ASC for the State. 7. From the chargesheet, this Court finds that investigation is kept open under Section 173(8) Cr.P.C. and therein it is stated that some relevant documents are still to be verified to ascertain the exact amount involved. Considering the chargesheet and the fact that misappropriation of amount is on account of credit outstanding with a case registered under Section 408 IPC and the fact that the petitioner has been in judicial custody from 12th June, 2024, this Court is inclined to modify the condition of refund of balance amount for the reason stated. 8. Hence, it is ordered. 9. Consequently, I. A. stands allowed dispensing with the condition as to refund of the balance as has been directed earlier. It is further directed that cash deposit of Rs.30,000/- (Thirty thousand) as was directed before by this Court in order dated 28th January, 2025, shall be made before the Court of learned J.M.F.C., Banarpal to be kept in a fixed deposit scheme with any of the Nationalized Bank for a period of six months, disbursement of which, shall be subject to terms of order of the learned Court below. Rest part of the order dated 28th January, 2025 in BLAPL No.7226 of 2024 remains unaltered. 10. I.A. stands disposed of. 11. Urgent certified copy of this order be granted as per rules. Alok (R.K. Pattanaik) Judge Designation: Asst. Registrar-Cum-Senior Secretary