The Court rejected an application seeking anticipatory bail or bail, noting the rejection of two earlier petitions without any demonstrated change in circumstances and the existence of a prima facie case against the applicant.
Application rejected; no change in bail status.
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ABLAPL No.15705 of 2016
18.11.2016 Heard learned counsel for the petitioner and learned Addl. Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 120-B, 420, 467, 468, 471 of the IPC read with Sections 13(2) and 13(1)(d) of the
Prevention of Corruption Act in C.T. Case No.6087/2015 of the court of learned SDJM, Bhubanes
war, arising out of Khurda P.S. Case No.25/2015.
Earlier two applications of the present petitioner, bearing ABLAPL Nos.5627 an
d 12237 of 2016 have been rejected by this Court. No change in circumstances has been shown by
the learned counsel for the petitioner. The learned counsel for the petitioner submits that c
ertain aspect of the case was not brought to the notice of the Court. Hence, earlier applicati
ons have been rejected. It is stated by the learned counsel for the petitioner that as per th
e rules of the business, the Branch Manager has no authority to sanction loan. The learned Add
l. Government Advocate, on the other hand, submits that the said argument was advanced by the
learned counsel for the petitioner on such earlier occasions also.
Keeping in view the aforesaid consideration and finding a prima facie case aga
inst the petitioner, this Court cannot entertain the application without further change in cir
cumstances. In that view of the matter, the ABLAPL is rejected.
S.K. Mishra, J.
3
1 issue framed by the court
Whether the application for bail or anticipatory bail requires further change in circumstances given the rejection of two earlier petitions and existing prima facie case.
The Petitioner
The State
S.K. Mishra
As recorded by the court registry
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