JIBANDEEP ROUT @ JIBANDIP 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').

(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 in- charge 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.

(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, 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. as other actions were to be completed and stipulated period of 120 days was going to completed on 15.05.2017.