Gitanjali Parida v. Govt. Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16083 of 2021 Gitanjali Parida ....

Petitioner Mr. S.N. Biswal, Advocate -versusState of Odisha (Vig.) ....

Opp. Party Mr.M.S. Rizvi, Addl. Standing Counsel(Vig.)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Cuttack Vigilance P.S. Case No. 37 of 2021 corresponding to Special G.R. Case No. 22 of 2021 pending in the Court of learned Special Judge, Vigilance, Cuttack for the commission of the alleged offences punishable under sections 13(2) read with section 13(1)(b) and section 12 of Prevention of Corruption (Amendment) Act.

Mr. M.S. Rizvi, learned Addl. Standing Counsel for the Vigilance Department submitted that in pursuance of the order dated 18.01.2022, the petitioner appeared before the Investigating Officer and cooperated with the investigation and her custodial interrogation is not necessary, but she has to cooperate with the investigation and she has also assured to

// 2 // appear as and when required for further interrogation. It is submitted that in view of the conduct of the petitioner, who is a lady and assured to cooperate with the investigation, no custodial interrogation is necessary.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the fact that the petitioner is the wife of a public servant Sahadev Parida, who was a Sepoy in 6th Battalion, OSAP, Cuttack and she is cooperating with the investigation, the interim order dated 18.01.2022 is made absolute subject to the conditions that she shall make herself available for interrogation by the I.O. as and when required and for that purpose a notice in writing shall be served on her in advance and she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

A free copy of this order shall be handed over to the learned counsel for the Vigilance Department. ( S.K. Sahoo) Judge PKSahoo