Amitav Mallick v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1840 of 2015 Amitav Mallick & another ....

Petitioners -versusState of Odisha (Vigilance) ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

16.08.2022 Order No.

04.

1.This matter is taken up through Hybrid mode. 2.Heard learned counsel for the Petitioners and learned counsel for the Vigilance.

3.This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the FIR in connection with Vigilance P.S. Case No.02 of 2015 corresponding to VGR Case No.06 of 2015 pending in the court of learned Special Judge, Vigilance, Bhubaneswar.

4. Learned counsel for the Petitioners submits that the prayer for pre-arrest bail of the Petitioners has been rejected earlier.

5. It appears that the present status of the aforesaid case is not known. The FIR allegation prima facie discloses a cognizable offence. Therefore, this Court is not inclined to quash the same.

6. However, during the course of hearing, it is submitted by the learned counsel for the Petitioners that the Petitioners are now

// 2 // ready and willing to surrender before the trial court and cooperate with the trial. Therefore, the trial court may be directed to release them on bail on any terms and conditions as it may deem just and proper.

7. Learned counsel for the Vigilance vehemently opposes to release the Petitioners on bail.

8. Considering the facts and the submissions made, this directs that if the Petitioners surrender before the court in seisin over the matter and move for bail within four weeks' hence, the court in seisin over the matter shall allow them to go on bail on such terms and conditions as it may deem just and proper.

9. With the aforesaid order, this Criminal Misc. Case stands disposed of.

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

(S. Pujahari) Judge PKS