Bhumanthini Bhaisa v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12599 of 2022 Bhumanthini Bhaisa ....

Petitioner Mr. B.K.Ragada & L.N.Patel, , Advocates -versusState of Odisha (Vig.) ....

Opposite Party Mr. M.S. Rizvi, A.S.C.(Vigilance)

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

29.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 13(2) read with Sections 13(1)(b) / 12 of Prevention of Corruption (Amendment) Act, 2018.

4.

It is submitted by learned counsel for the Petitioner that the Petitioner is the wife of the principal accused, who has been implicated in D.A. Case. It is alleged that the husband of the present Petitioner is found to have accumulated disproportionate assets of 268%.

5.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant

// 2 // anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned Special Judge (Vigilance), Sambalpur in T.R. No.21 of 2022 corresponding to Rourkela Vigilance P.S. Case No.17 of 2022 within a period of three weeks from today, she shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case. However, while imposing conditions for bail, learned Special Judge shall also impose the following additional conditions - (i) The Petitioner shall appear before the I.O. along with all the relevant documents / records kept in her possession and shall produce the same and cooperate with the investigation as and when required by the I.O.; (ii) He shall also appear before the learned trial court on each and every date fixed for trial, without fail. Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida