BHAGYABATI ROUT Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellants Bhagyabati Rout and her husband Duryodhan Bhuyan have filed CRLA No.184 of 2017 challenging the impugned order dated 25.01.2017 passed by the learned Presiding Officer, Designated Court under the OPID Act, Cuttack in C.T. Case No.2 of 2017 in rejecting their application for bail. The said case arises out of Nikirai P.S. Case No.12 of 2017 in which charge sheet has been submitted under section 420/34 of the Indian Penal Code and sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (hereafter 'P.C.M.C.S.B. Act, 1978') and section 6 of Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011 (hereafter 'O.P.I.D. Act, 2011'). The petitioner Jibandeep Rout @ Jibandip Rout in BLAPL No.3331 of 2017 has filed the application under section 439 of Cr.P.C., 1973 seeking for bail in the aforesaid case as his prayer for bail was turned down vide order dated 01.05.2017 by the said Court. Since in both the cases, the prayer for bail has been made, with the consent of the respective parties, the matters were heard analogously and disposed of by this common order.

(2.) One Narayan Chandra Malla lodged the first information report before the Superintendent of Police, Kendrapara which was forwarded to Inspector in-charge of Nikirai Police Station and accordingly, on 14.01.2017 the Inspector incharge of Nikirai Police Station registered Nikirai P.S. Case No.12 of 2017 under sections 420/34 of the Indian Penal Code and sections 4, 5 and 6 of the P.C.M.C.S.B. Act, 1978 and section 6 of O.P.I.D. Act, 2011. It is alleged in the F.I.R. that the appellants Smt. Bhagyabati Rout and Duryodhan Bhuyan along with one Laxmipriya Rout arrived at the house of the informant and convinced him to invest money in Siddha Mahapurush Money Society, Mangalpur so that he can get 3% monthly interest. The informant believed them and deposited Rs. 1 lakh for the first time as fixed deposit and Rs. 3000/- as membership fees of 15 numbers of members (one member fee is Rs. 200/-). Again on first sunday of March 2013 appellant Smt. Bhagyabati Rout, Dharanidhar Rout, Gitanjali Rout and Manoj Rout conspired together and convinced the informant to invest his retirement benefits in the said society and accordingly the informant gave Rs. 50,000/- to the appellant Smt. Bhagyabati Rout towards deposit. Again in March 2013 Manoj Rout and Gitanjali Rout came to the house of the informant and convinced him and his wife to deposit more money to get high benefit which would be easy for them in solemnizing their daughter's marriage. The informant again deposited a sum of Rs. 1 lakh as fixed deposit. After five days, appellant Smt. Bhagyabati Rout came again to the informant and took Rs. 7800/- towards 39 numbers membership fees and Rs. 10,000/- for capital deposit. The appellant Bhagyabati Rout told the informant that the grand total capital deposit of the informant is Rs. 2,60,000/- (rupees two lakhs and sixty thousand) and Rs. 7,800/- as membership fees. It is further stated in the FIR that on 26.05.2014 when the informant came to the society office for his money, he saw the office was locked and all the accused persons have absconded.

(3.) The investigation of the case was taken up by the Inspector in-charge of Nikirai Police Station. During course of investigation, the Investigating Officer visited the spot, examined the informant and other witnesses. The registers and records of SIDDHA Mahapurush Money Society, Mangalpur were seized in connection with Nikirai P.S. Case No.73 of 2016. From the statements of the informant and others, the Investigating Officer found that more than four crores of rupees was collected from public and near about two crores of rupees was given to the public on interest basis and almost 641 depositors were victimized in the case. During course of investigation, the two appellants in CRLA No.184 of 2017 along with the petitioner in BLAPL No.3331 of 2017 were arrested and forwarded to Court and ultimately the first charge sheet was submitted on 14.05.2017 under sections 420/34 of the Indian Penal Code, 1860 sections 4, 5 and 6 of the P.C.M.C.S.B. Act, 1978 and section 6 of O.P.I.D. Act, 2011 keeping the investigation open under section 173(8) of Cr.P.C., 1973 as other actions were to be completed and stipulated period of 120 days was going to completed on 15.05.2017.