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G. SATAPATHY
Susanta Kumar Samal – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
G. Satapathy, J.—These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with EOW PS Case No.03 of 2025 corresponding to CT Case No.4(C) of 2025 pending in the file of learned Presiding Officer, Designated Court, Under OPID Act, Balasore, for commission of offences punishable U/Ss.406/409/420/467/468/471/120-B of IPC, on the main allegation of committing large scale financial fraud and misappropriation of crores of rupees by receiving disproportionate high payment for commercial transaction made with Gandhamardan Loading Agency and Transporting Co-operative Society Ltd. with forged documents after entering into conspiracy with coaccused persons.
2. The background of facts giving rise to these two bail applications are that around eighteen years back, one society namely Gandhamardan Loading Agency and Transporting Co-operative Society Ltd, Suakati, Keonjhar (hereinafter referred to as “the society”) was created for the development of the affected villages of Gandhamardan Mines, Putulipani Mines and Khandadhar Mines, but since last seven years (2017-18 to 2023-24), the president and the secretary of the aforesaid organization with as
Bail – In a case involving large scale financial fraud particularly those affecting public, Court shall be duty-bound to approach the case for bail in a cautious and guarded manner.
The court determined that the serious allegations of financial fraud, coupled with the accused's criminal history and risk of witness tampering, justified a refusal of bail.
In serious fraud cases, bail may be denied due to substantial allegations, criminal antecedents, and flight risk, despite long custody periods.
Point of Law : Power under Section 438 of Cr.P.C, being an extraordinary remedy, has to be exercised sparingly, otherwise same would adversely affect investigation.
The court emphasized the balance between individual liberty and the interest of society in deciding bail applications, considering the nature and seriousness of economic offences and their impact on ....
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
The court balanced the right to personal liberty with the need for the accused's presence at trial, emphasizing that continued custody should be based on the risk of interference in the administratio....
Bail is the rule and custody is the exception; without substantial evidence, personal liberty should not be curtailed.
Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.
The delay in trial, seriousness of economic offences, and the larger interest of the public are crucial factors in determining bail applications for serious economic offences.
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