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Orissa High CourtBLAPL/3556/2022disposed off

Kartikeswar Raul @ Raula v. State Of Odisha(Vig.)

2022-06-22Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3556 of 2022 Kartikeswar Raul @ Raula ....

Petitioner Mr. P.C. Jena, Advocate - Versus - State of Odisha (Vig.) ....

Opposite Party Mr. M.S. Rizvi, Addl. Standing Counsel for Vigilance.

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

22.06.2022 1.

This matter is taken up through hybrid mode.

Order No.

3.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the Vigilance.

3.

The petitioner is in custody since 07.04.2022 in connection with Bhubaneswar Vigilance P.S. Case No. 8 of 2022 corresponding to VGR No.11 of 2022 pending in the Court of learned Special Judge, Vigilance, Bhubaneswar for the alleged commission of offence under Sections 13(2) read with Section 13(1)(b)/12 of the P.C. Act, 1988 as amended by P.C. (Amendment) Act, 2018.

4.

It is alleged that the petitioner amassed wealth grossly disproportionate to his known sources of income to the extent of 402%, the valuation of which comes to Rs.2,71,32,794.70. 5.

It is submitted that the method of calculation of the assets is entirely erroneous as the income of his son and daughter have not been taken into account whereas their properties have been included and shown as the property of the petitioner. It is further submitted that charge sheet has already been submitted

on 5th June, 2022.

6.

Learned Addl.

Standing Counsel for Vigilance Department submits that there is no error whatsoever in the calculation of the disproportionate assets. However, on query by the Court, he fairly submits that further custodial interrogation of the petitioner is not necessary. 7.

Considering the submissions, the period of detention of the petitioner in custody, as also the submission of charge sheet, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

8.

BLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana