Danardan @ Janardan Sahu v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7837 of 2022 Danardan @ Janardan Sahu ....

Petitioner Mr. J.K. Mahapatra, Advocate -versusState of Odisha (Vig.) ....

Opposite Party Ms. Tripathy, (Vigilance) CORAM: JUSTICE V. NARASINGH

ORDER

13.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in G.R. Case No.09 of 2022(V), pending in the file of learned Special Judge (Vigilance) Berhampur (GM), arising out of Berhampur Vigilance P.S. Case No.13 of 2022, under Section13(2) read with 13(1)(b)/12 of the Prevention of Corruption (Amendment) Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge (Vigilance), Berhampur by order dated 08.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that he is in custody since 06.08.2022 and the investigation has

substantially progressed, further continuance of the petitioner in custody is not warranted.

6.

Ms. Tripathy, Learned counsel for the Vigilance opposes the prayer for bail during the currency of investigation, since the D.A. is to the tune 241%.

7.

Taking into account that the allegations are more or less based on documentary evidence and the substantial progress in the investigation and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

It is needless to state that the petitioner shall cooperate with the ongoing investigation. In the event the petitioner does not cooperate, it shall be open to the Investigating Agency to seek variance of this order.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi