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2015 DIGILAW 488 (ORI)

Umesh Chandra Jena v. State of Orissa

2015-08-18

S.K.MISHRA

body2015
ORDER ABLAPL Nos. 8295, 8294 and 8292 of 2015. 18.08.2015.Since all the above three bail applications arise out of one case, these cases were taken up together for hearing and are being disposed of by this common order. 2.Heard learned counsel for the petitioners and the learned Addl. Government Advocate. 3.The petitioners are apprehending arrest for the alleged commission of offences Sections 420, 468, 471, 294 and 506/34 of the I.P.C. in Balianta P.S. Case No.79 of 2015, corresponding to G.R. Case No.358 of 2015 of the Court of S.D.J.M., Bhubaneswar. Hence, they prayed for anticipatory bail. 4.It is apparent from the records that the informant Sukanta Kumar Sahoo, as the Power of Attorney Holder of the original owner of the land in question, has filed the F.I.R. stating that there was agreement with Bana Bihari Routray, Pradip Behera and Umesh Chandra Jena for sale of the land. The sale consideration was fixed at Rs.22,40,000/- out of which Rs.16,00,000/- was given as advance. But later on, because of some dispute, the agreement was cancelled and Sasikanta Parida did not agree to purchase the same and demanded to return the money. The informant agreed to the same and returned Rs.14,00,000/- to Sri Sasikanta Parida and it was agreed that the balance amount of Rs.2,00,000/- was to be refunded only after returning the document executed by the informant. 5.The informant executed a Regd. Sale Deed on 07.01l.2013 in favour of one Sarat Behera, but later on it could be known that a forgery has been committed in the office of the Sub-Registrar, Bhubaneswar and the petitioner and others by impersonating the informant has executed a sale deed with respect to the land in question in respect of some other persons. In the meantime, two accused persons namely Bana Bihari Routray and Chandramani Behera have been arrested and charge-sheet has been filed against them under Section 420, 468, 471, 294 and 506/34 of the I.P.C. and investigation of the case is kept open under Section 173 (8) of the Cr. P.C. Therefore, the petitioners are apprehending arrest for the aforesaid case by the Investigating Officer. 6.A careful examination of the entire record reveals that he entered with an agreement with Bana Bihari Routray, Pradidp Behera and Umesh Chandra Jena for sale of the land. It is not understood why he has returned the money to Sasikanta Parida. P.C. Therefore, the petitioners are apprehending arrest for the aforesaid case by the Investigating Officer. 6.A careful examination of the entire record reveals that he entered with an agreement with Bana Bihari Routray, Pradidp Behera and Umesh Chandra Jena for sale of the land. It is not understood why he has returned the money to Sasikanta Parida. In that view of the matter and in view of the fact that there is no direct material against the present petitioners implicating them in commission of the crime, this Court is of the opinion that anticipatory bail should be granted to them especially in view of the fact that the Investigating Officer has submitted charge-sheet without arresting them. 7.In that view of the matter, the applications for anticipatory bail are allowed. It is directed that in the event of arrest of the petitioners in the aforesaid three bail applications, they shall be released on bail on such terms and conditions as deemed just and proper by him. The Anticipatory Bail Applications are disposed of accordingly. Urgent certified copy of this order be granted on proper application. ABLAPL disposed of.