Laxminarayan Swain v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9979 of 2022 Laxminarayan Swain ....

Petitioner Mr. B.P. Pradhan, Advocate -versusState of Orissa (Vigilance) ....

Opposite Party Ms. B.N. Tripathy, Advocate CORAM: JUSTICE V. NARASINGH

ORDER

28.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the Vigilance Department.

3.

The petitioner is an accused in connection with Vigilance G.R. Case No.18 of 2022, pending in the Court of the learned Special Judge(Vigilance), Bolangir, arising out of Sambalpur Vigilance P.S. Case No.34 of 2022, for alleged commission of offences under Section 7 of P.C(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), Balangir, by order dated 30.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 29.09.2022 and investigation has

progressed substantially, further continuance of the petitioner in custody is uncalled for.

6.

Learned counsel for the Vigilance Department opposes the prayer for bail.

7.

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

8.

It is needless to state that the petitioner shall cooperate with the 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 rule. (V. NARASINGH) Judge Ayesha