2021 Supreme(Ori) 90

IN THE HIGH COURT OF ODISHA AT CUTTACK
S.K. SAHOO, J.
Saroj Kumar Prusty – Appellant
Versus
State of Odisha – Respondent
BLAPL No. 822, 991, 1400, 344, 695, 1458, 1942, 2956, 1524 of 2021
Decided on : 15-11-2021

Point of Law: Petitioners being hand in glove with each other committed the crime in a pre-planned way keeping an eye on personal profit regardless of the consequence to the society and therefore, they should not be released on bail particularly when there is chance of tampering with the evidence.

Headnote:

Indian Penal Code,1860 – Section 395,412,408,409 ,120B - Code of Criminal Procedure,1973 - Section 439 - Companies Act, 1956 - Offence of Criminal conspiracy – Dacoity - Criminal breach of trust by clerk or servant – Bail Application - Applications of petitioners for bail before learned 2nd Addl. Sessions Judge, were rejected as per orders dated - Opening their gold loan branch along with their security guard and their housekeeping staff, four unknown masked robbers entered into branch and forcefully closed collapsible gate and shutter from inside - After entering branch, robbers took at gun point and kicked him and physically assaulted him - it was controlled by one Territory Manager and above him remains one Area Manager, who was looking after normal functioning of Company - Though some works were being done in Company on offline mode and some registers and records were maintained in Company but Company was almost running on online mode - It was a loan giving Company against deposit of gold and taking interest from public - When any customer was coming to Company, he was first coming in contact with Customer Care Executive and then he was to be handled by one appraiser/valuer and if gold loan terms was agreed upon by customer, his photograph was taken, mobile numbers were shared and photographs of ornaments were also taken and then entire documents were transmitted.

Finding of the Court:

After successful execution of crime with assistance of some of accused employees of Company, respective shares were taken by accused persons and lion's share was deposited with the petitioner who helped accused very keenly in commission of the crime - Misappropriation of huge pledged gold ornaments of the customers from vaults apprehending same to come to light during audit and manner in which plan was chalked out to commit the crime, way plan was executed successfully without any hindrance in the broad day light in busiest area of millennium city of Cuttack, roles played by petitioners at different stages, recovery of gold ornaments of IIFL and other incriminating articles from possession of petitioners, huge financial loss suffered by Company on account of such crime, at this stage when many more important areas of case are still under investigation and many vital links in crime are yet to be unearthed and there is possibility of derailing investigation in case of grant of bail to petitioners, in larger interest of public and State,Court not inclined to release petitioners on bail.

Result: Application Rejected.