Laxmi Priya Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13353 of 2022 Laxmi Priya Samal ....

Petitioner Mr. Akash Bhuyan, Advocate -versusState of Odisha (Vigilance) ....

Opp. Party Mr. M.S. Rizvi, A.S.C. for the Vigilance Department

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.10.2022 02.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with VGR Case No.36 of 2022 arising out of Bhubaneswar Vigilance P.S. Case No.32 of 2022 pending in the Court of learned Special Judge (Vigilance), Bhubaneswar for alleged commission of offences under Section 13(2) read with Section 13(1)(b)/12 of the P.C. Act(Amendment) Act, 2018.

4.

It is submitted by learned counsel for the petitioner that the present petitioner, who happens to the wife of the principal accused, has been implicated in the present case. He further submits that the case of disproportionate of assets. It is also submitted by learned counsel for the petitioner that custodial interrogation is not necessary

// 2 // against the petitioner and the petitioner may be protected. 5.

It is further submitted by learned counsel for the Vigilance Department opposes the prayer for bail of the petitioner. 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, she shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

she shall produce the relevant documents/papers in her possession as has been required by the investigating officer; and III. she shall not default in attendance of the court during trial on each date of posting.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu