1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 201 /2023
(@ SLP (CRL.)NO. 10422/2022)
PRASAN KUMAR PATRA APPELLANT(S)
VERSUS
STATE OF ODISHA RESPONDENT(S)
O R D E R
Leave granted.
We have heard learned counsel for the parties.
The accused-appellant approached the High Court by making an application under Section 439 Cr.P.C. seeking bail in connection with FIR No. 17 of 2018 in Police Station EOW, Bhubaneswar corresponding to C.T. case No. 14 of 2018 pending before learned Presiding Officer Designated Court, under the Odisha Protection of Interests Of
Depositors (in Financial Establishments) Act, 2011
(hereinafter O.P.I.D. Act) for offences punishable under Section 420, 406, 467, 468, 471, 120B of theIndian Penal Code read with section 6 of O.P.I.D. 2 Act.
Learned Senior counsel appearing for the Appellant contends that vide order impugned in this appeal, the High Court granted an interim bail for a period of three months and without passing any final order on the bail application disposed of the proceedings and thus committed an error of law.
Having gone through the record, we find that the application was made for grant of regular bail and thus it was incumbent upon the High Court to have considered the same on merits but the High Court after granting an interim bail, disposed of the bail application itself. In our considered opinion, the regular bail application of the appellant is required to be considered on merits by the High Court.
Considering the aforesaid facts and circumstances, we dispose of this appeal by directing that the bail application of the appellant shall be restored to its original number before the High Court and heard and decided in accordance with law on merits as expeditiously as possible. The interim protection granted by this Court shall continue to remain in operation till the disposal of the bail application by the High Court.
3 appeal is allowed accordingly. Pending application(s), if any, shall also stand
disposed of……………………J. ( KRISHNA MURARI )…………………..J. ( B. V. NAGARATHNA )
NEW DELHI
24 th JANUARY, 2023
4 ITEM NO.12 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10422/2022
(Arising out of impugned final judgment and order dated 02-09-2022 in BLAPL No. 5982/2022 passed by the High Court Of Orissa At Cuttack)
PRASAN KUMAR PATRA Petitioner(s)
VERSUS
THE STATE OF ODISHA Respondent(s)
(IA No. 166445/2022 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 24-01-2023 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE KRISHNA MURARI
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. S. Nagamuthu, Sr. Adv.
Mr. Dusmanta Kumar Pradhan, Adv.
Mr. Ashwini Kumar Das, Adv.
Ms. Madhu Bhagat, Adv.
Ms. Akansha Srivastava, Adv.
Mr. Rabin Majumder, AOR
For Respondent(s) Mr. Ashok K. Parija, Ld. AG
Mr. Shibashish Misra, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(SONIA GULATI) (BEENA JOLLY)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed on the file)