SHIVA KUMAR SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Badambadi P.S. Case No. 181 of 2022 corresponding to G.R. Case No.785 of 2022 pending in the Court of learned J.M.F.C.(City), Cuttack for commission of offence U/Ss. 420/294/409/506/34 of the IPC, but subsequently charge-sheeted (preliminary) for offence U/Ss.420/506/409/294/34 of IPC, on the allegation that the petitioner being the Chief Executive Officer of Jai Jhadeswar Co-operative Society Ltd had allured the informant and cheated him by misappropriating the amount deposited by him in the Society.

(2.) In the course of hearing of bail application, Mr.K.P. Mishra, learned Senior Counsel appearing for the petitioner has submitted that there is of course allegation against the petitioner for cheating and misappropriating the money deposited by the informant, but the petitioner is innocent of the offence and he has not committed any offence nor misappropriated the money of the informant. It is further submitted by him that the petitioner although was the Chief Executive Officer of the Co-operative Society, but there were other office bearers of the Co-operative Society and the petitioner was not alone the in charge of the affairs of Co-operative Society and in case, any misappropriation of the money deposited by the informant had been done, the same might have been done by some other employee of the Society, but not the petitioner. It is also alternatively submitted that the petitioner being the CEO of the society has every intention to settle the dispute of the informant, but the same can be done once the petitioner is released on bail inasmuch as there are fifteen members engaged in the management and affairs of the Co-operative Society who had also availed loan from the Society and the amount deposited by the informant can be settled by way of funds kept in the Society. In summing up his argument, Mr. Mishra, has highlighted the date of detention of the petitioner since last one year and prayed to grant bail to the petitioner in this case.

(3.) On the other hand, Mrs.S.R. Sahoo, learned ASC, however, seriously opposes the bail application of the petitioner and she inter alia has submitted that the petitioner is not only involved in this case, but has been involved in other four cases of similar nature and, thereby, the petitioner should not be granted bail.