Ghanashyam Sabar v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12641 of 2022 Ghanashyam Sabar ....

Petitioner Mr.M.K. Mahapatro, Advocate -versusState of Odisha (Vig.) .... Opp. Party Mrs. Jyotsnarani Tripathy Addl. Standing Counsel (Vig.)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.12.2022 01.

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

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State (Vig.).

This is an application for bail under section 439 of Cr.P.C. in connection with Koraput Vigilance P.S. Case No. 37 of 2022 corresponding to G.R. (Vigilance) Case No. 11 of 2022 pending in the file of learned Special Judge (Vigilance), Bhawanipatna for alleged commission of offences under section 13(2) read with section 13(1)(b) of Prevention of Corruption (Amendment) Act, 2018.

The prayer for bail of the petitioner was rejected by the learned Special Judge (Vigilance), Bhawanipatna vide order dated 15.12.2022.

Considering the submissions made by the learned counsel for the petitioner that the petitioner, who was the Forester of

// 2 // Komna Forest Section of Komna Forest Range in the district of Nuapada is in judicial custody since 07.12.2022 and the amount of ill-got money as per the prosecution case is Rs.13,85,000/- (rupees thirteen lakhs eighty five thousand), which has already been recovered from the possession of the petitioner so also from the official quarter, the investigation of the case has made substantial progress and on hearing the learned counsel for the Vigilance Department, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall appear before the Investigating Officer as and when required and cooperate with the investigation and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo