KAIFI KHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the second application of the petitioner under Sec. 439 of Cr.P.C. filed in this Court in connection with Mangalabag P.S. Case No.114 of 2023 corresponding to G.R. Case No.334 of 2023, pending in the file of the learned J.M.F.C., Cuttack where chargesheet dtd. 24/6/2023 has been submitted against the present petitioner-Kaifi Khan, one Sk. Ismail and Amir Khan under Ss. 419, 420, 403, 120 (B), 34 of IPC keeping the investigation open for collection of bank statements, arrest of other accused persons, recovery of cheated amount, examination of more witnesses as well as further evidence in this case. Thereafter chargesheet dtd. 22/12/2023 has been submitted against the present petitioner-Kaifi Khan, Sk. Israel, Amir Khan, Samir Khan and Md. Sakil for commission of offences punishable under Ss. 419, 420, 403, 120 (B), 506, 34 of IPC keeping investigation open for collection of more evidence, arrest of other accused persons, compliance to the instructions of submission note and further course of investigation. During further investigation one Sk. Aspak @ Mohammad Aspak has been arrested.

(2.) BLAPL No. 14705 of 2023 filed by the petitioner earlier before this Court had been disposed of granting liberty to the petitioner to file a fresh application for bail after returning the amount of Rs.11,00,000.00to the informant. In view of the submission of Mr. Ratikanta Mohapatra, learned counsel for the petitioner that although the allegation of the informant was that she had been cheated of Rs.62,00,000.00 but this was not supported by the documents and bank statements and to show his bona fide the petitioner was willing to return an amount of Rs.11,00,000.00 to the informant.

(3.) Thereafter I.A. No. 255 of 2024 had been filed with the following prayer: