One of the accused in the fraud and forgery case got
bail, but the condition of the bail was such that the accused was unable to
complete it. So the man was behind bars for nearly six years despite getting
bail. However, now the Supreme Court has removed the condition of depositing Rs
60 lakh while giving relief to that accused. A bench of Justices Vineet Sharan
and Justice BR Gavai accepted the petition filed by SK Mumtaz alias Sumtaz
against such a condition imposed by the Orissa High Court in the order dated 16
July 2015.
The apex court said that as an undertrial prisoner,
the petitioner had spent more than six years in jail as he was not able to pay
Rs 60 lakh. The man was arrested on 23 June 2014. The petitioner had claimed
that he was a poor person and the company had named him as one of the directors
while he was just a watchman in the company. The accused challenged the
validity of the High Court's order of October 21, 2020, refusing to grant
relief from the condition of bail.
The Supreme Court, after looking into the facts of the
case, has asked the accused to release him on bail, removing the condition
imposed on him to deposit Rs 60 lakh. However, the Supreme Court has upheld the
conditions imposed by the High Court in the year 2015. The accused has been
asked to fulfill all these conditions. The Odisha police had opposed the plea,
stating that the petitioner, along with Dilip Kumar Bala and Ashok Kumar Ghadai
of Darubrahma Builders Pvt Ltd, defrauded the complainant Subhara Mohanty of Rs
four crore by creating fake documents. The woman wanted to buy around 100 acres
of land in Cuttack to set up an NGO. Allegations against the accused are that
they had made 'cell deed' of the lands of others through fake documents.
The police also said that the offenses under which the
accused have been charged carry a maximum sentence of life imprisonment. The
police said that the accused can run away if he is granted bail. Also, the
police also said that Bala, another accused who was granted interim bail for 20
days in the year 2017, did not surrender and is still absconding.
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Dr. Deepak Miglani, Email id.:- legalbuddy@gmail.com
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