Satyajit Chauahn vs. State Of Odisha
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Cause title — parties, addresses and appearances
ORDER 03.04.2023
1. Heard learned counsel for the Petitioner and the State.
This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.420/506/34 of IPC in connection with Laxmisagar PS Case No.387 of 2022 corresponding to CT Case No.6749 of 2022 pending in the court of learned JM, Bhubaneswar.
It is alleged that the complainant runs a hospital in the name and style of sunshine Hospital, a unit of M/s. Sai Sidhi Swagat Health Services Pvt. Ltd. The Hospital is intended to improve the infrastructure for care of patients and also to modernize the existing facility. In order to arrange funds agreements were entered between the complaint and the Petitioner for financial services in arranging Rs.2 crore and Rs.10 crore against which PDC amounting to Rs.8,55,000/- each (including GST) issued as security. Since, the // 2 //
loan disbursement got delayed, the staff of the complainant pursued the bank and got sanction of loans. However, after the loan disbursal, the Petitioner demanded his service charges and upon denial, the PDC issued to the Petitioner, has been deposited in bank fraudulently, which later got bounced for which a case under section 138 of NI Act has been filed by the Petitioner against the complainant. Further, a complaint case is also filed by the Petitioner against the complainant bearing number 1CC4678 of 2022 which culminated into FIR bearing PS Case No.336 of 18.09.2022. Pending investigation by Laxmi Sagar PS.
Learned counsel for the Petitioner submits that as per the agreement the complainant was to pay the Petitioner 3% of the sanctioned amount towards his professional services rendered in getting the loan disbursal. He further submits that the Petitioner asked the complainant over phone regarding such criminal action committed by them and tried to settle the matter. The Petitioner also approached the Laxmisagar PS and finally FIR has been registered. The FIR filed by the complainant is in counter-blast to the FIR filed by the Petitioner.
Keeping in view the fact and circumstances, while this court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Laxmisagar PS Case No.387 of 2022 corresponding to CT Case No.6749 of 2022 pending in the court of the learned JM, Bhubaneswar within a period of three weeks hence and he shall be // 3 //
released on such terms and conditions as would be deemed just and proper by the said court with the following further conditions:-
(i) The Petitioner shall appear before the I.O. once in a week on such date and time to be fixed by the I.O. concerned till submission of Charge-Sheet and shall cooperate with the investigation as and when required;
(ii) he shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial;
(iii) he shall not threaten, intimidate or terrorize the Informant in any manner whatsoever;
(iv) violation of any of the conditions shall entail cancellation of bail.
The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge
AKPradhan
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.