Akhil Kumar Purohit v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2896 of 2022 Akhil Kumar Purohit ....

Petitioner Mr. D.K. Mohapatra, Advocate -versusState of Odisha(Vigilance) ....

Opp. Party Mr. M.s. Rizvi, A.S.C. for Vigilance Department

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.08.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner seeking pre-arrest bail in connection with Special V.G.R. Case No.33 of 2022 corresponding to, arising out of Sambalpur Vigilance P.S. Case No.73 of 2022 pending in the court of learned Special Judge (Vigilance), Sambalpur for commission of offence punishable under Sections 468/471/409, I.P.C. read with Section 13(2) and Section 13(1)(c) of the P.C. Act.

5.

Taking into consideration the nature of offence and nonavailability of the case diary, I am not inclined to exercise my discretion under Section 438, Cr.P.C. in favour of the petitioner. 6.

However, it is observed that the petitioner, if so advised, may surrender before the learned Special Judge (Vigilance), Sambalpur in

// 2 // the aforesaid case within three weeks from today. In the event the petitioner surrender and motion for bail within the aforesaid period, leaned Special Judge (Vigilance), Sambalpur shall do well do dispose of the bail application of the petitioner on the same day on merit in accordance with law. The case diary be made available to the concerned court to facilitate disposal of the bail application of the petitioner.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu