Hrudananda Mandal v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2658 of 2022 Hrudananda Mandal ....

Petitioner Mr. R.N. Rout, Advocate -versusState of Odisha (Vigilance) ....

Opp. Party Mr. M.S. Rizvi Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

10.05.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned Additional Standing Counsel for the Vigilance Department.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Balasore Vigilance P.S. Case No.62 of 2015 corresponding to V.G.R. Case No.02 of 2016 pending in the Court of learned Special Judge, Vigilance, Baripada for alleged commission of offences under section 13(2) read with section 13(1)(c)(d) of the Prevention of Corruption Act, 1988 and sections 409/468/471/120-B of the Indian Penal Code.

// 2 // Perused the F.I.R.

Mr. M.S. Rizvi, learned Additional Standing Counsel for the Vigilance Department produced the written instruction dated 26.04.2022 from the Deputy Superintendent of Police, Vigilance, Baripada, which indicates that the Sanctioning Authority i.e.

Administrator, Jamda LAMPCS, Jamda has accorded sanction of prosecution against the petitioner, who was an ex-M.D., Jamda LAMPCS Ltd., Jamda in the district of Mayurbhanj for his prosecution after presanction discussion with the Investigating Officer and the petitioner along with other co-accused have been charge sheeted. The written instruction is taken on record.

Learned counsel for the petitioner was asked to file an affidavit as to how he came into possession of a document dated 11.02.2022, which is marked as Annexure-2 series to the anticipatory bail application. Learned counsel for the petitioner took time on 19.04.2022. Again today, learned counsel for the petitioner seeks for an adjournment.

Therefore, I am not inclined to grant further adjournment.

In view of the nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a

// 3 // period of four weeks from today and moves for bail, the same shall be disposed of as expeditiously as possible by the Court below in accordance with law. The case records shall be made available to the Court concerned for adjudication of the bail application. The ABLAPL is accordingly disposed of.

A free copy of this order be handed over to the learned Additional Standing Counsel for the Vigilance Department.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM