Sushanta Kumar Das v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10032 of 2022 Sushanta Kumar Das ....

Petitioner Mr. J. Sahu, Advocate -versusState of Orissa (Vigilance) ....

Opposite Party Mr. S.K. Das, Advocate (Vigilance) CORAM: JUSTICE V. NARASINGH

ORDER

16.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned senior 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.19 of 2022, pending on the file of the learned Special Judge (Vigilance), Balangir, arising out of Sambalpur Vigilance P.S. Case No.36 dated 06.10.2022, 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 11.10.2022 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 07.10.2022, hence further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the Vigilance Department opposes the prayer for bail inter alia on the ground that taking into account the nature of allegations, releasing the petitioner at this stage would affect the impending investigation.

7.

Considering the period of custody and the nature of allegations which are more or less based on documentary evidence and progress in investigation, 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.

To allay the legitimate apprehension of the learned Counsel for the Vigilance Department, it is directed that the petitioner shall appear before the Investigating Officer on such date and time to be fixed by the learned Court in seisin over the matter and he shall not leave the State of Odisha without the express permission of the Court in seisin till the submission of final form. 9.

Accordingly, the BLAPL stands disposed of.

10.

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