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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Soumya Ranjan Panda – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. allegations of financial fraud and jurisdiction. (Para 1 , 2) |
| 2. parties' arguments regarding the case. (Para 3) |
| 3. court's reasoning on jurisdictional issues. (Para 4 , 8) |
| 4. legal principles on prosecution for offences committed abroad. (Para 6 , 7) |
| 5. conclusion and conditions for bail granted. (Para 9 , 10) |
JUDGMENT :
G. Satapathy, J.
1. This is a bail application U/S.483 of BNSS by the Petitioner for grant of bail in connection with Bariramchandrapur PS Case No.211 of 2025 arising out of CT Case No.01 of 2025 for commission of offences punishable U/Ss. 314/303(2)/316(4)/318(4) of BNS pending in the Court of learned JMFC, Baripal, Jajpur, on the main allegation of committing large scale financial fraud to the tune of USD 1,25,000/- by setting up and using his own Company FosGro Resources Ltd. in Zambia.
2. The present case arises out of an FIR lodged by one Dharampal Singla, the Director FosGro Resources Pvt. Ltd., New Delhi, India before the IIC Bariramchandrapur PS by stating inter-alia that the Petitioner was appointed as Finance and Admin Manager in their company on 19.02.2024 and was then transferred to Company’s partner Company namely, Igrow Resources Ltd.,Zam
The court confirmed that Indian jurisdiction applies to continuing offences committed outside India, allowing prosecution without prior sanction when the accused has not been tried elsewhere, affirmi....
An Indian citizen can be prosecuted in India for offences committed abroad, provided specific legal conditions are satisfied, ensuring jurisdiction and bail protocols are followed.
In serious fraud cases, bail may be denied due to substantial allegations, criminal antecedents, and flight risk, despite long custody periods.
Criminal proceedings are not meant for recovery of disputed dues; the presumption of innocence underlies the decision to grant bail when no risk of flight or witness tampering is established.
Bail is granted when the accused has not misused liberty, factors indicate compliance, and the presumption of innocence is upheld; restrictions are imposed to ensure trial cooperation and prevent abs....
Bail should not be withheld as a pre-trial punishment – Criminal Court, exercising jurisdiction to grant of bail or anticipatory bail is not expected to act as a recovery agent to realize dues of com....
Bail may be granted considering severe health conditions, risk of absconding, and presumption of innocence, despite serious allegations of financial fraud.
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
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