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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Angel Mishra – Appellant
Versus
State of Orissa – Respondent
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 Tamando PS Case No.324 of 2024 corresponding to CT Case No.760 of 2024 pending in the file of learned JMFC- I, Bhubaneswar for commission of offences punishable U/Ss.420/467/468/34 of IPC , on the main allegation of cheating the informant for around Rs. 78 Lakhs by forging documents on the pretext of delivering a Flat in an Apartment.
2. Heard, Mr. Sumit Sekhar Pattnaik, learned counsel for the Petitioner and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record.
3. Bail to the Petitioner is in fact opposed to by the learned Addl. PP not only on merit, but also for the Petitioner having five criminal antecedents of similar nature, however, the Petitioner is in custody since 10.03.2024 and in the meantime, more than two years and three months have elapsed. Right now, the trial is going on in the Court of learned JMFC(LR), Bhubaneswar, but the Magistrate is empowered to inflict maximum sentence of imprisonment for a term not exceeding three years or of fine not exceeding Rs. 50,000/-. It is also not in dispute that the informant
Mandatory bail is required after sixty days of custody if the trial is not concluded, as per Section 480(6), promoting adherence to the right against indefinite detention under Article 21.
Section 480(6) of BNSS allows bail after 60 days in custody but does not confer an absolute right, requiring judicial discretion based on trial progress and flight risk.
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 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....
The court determined that bail should be granted to the accused in light of the predominantly civil nature of the dispute and the absence of need for custodial interrogation, emphasizing protection o....
The court emphasized that prolonged custody and the potential delay in trial are valid grounds for granting bail, irrespective of the accused's criminal record.
Bail is primarily for ensuring attendance at trial, not punishment; the right to a speedy trial under Article 21 protects personal liberty.
Bail may be granted considering severe health conditions, risk of absconding, and presumption of innocence, despite serious allegations of financial fraud.
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