The Special Judge allowed the applicant to move for regular bail upon surrender within fifteen days, conditioned on cooperation with the investigation in a disproportionate assets case under the P.C. Act.
Directed that if the petitioner surrenders within fifteen days, he shall be released on bail on terms to be fixed by the Court.
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ABLAPL No. 17808 of 2016
2. 21.12.2016 The petitioner having been implicated in Koraput Vigilance P
.S. Case No. 41 of 2016 corresponding to G.R. Case No. 20 of 2016 (V) registered for alleged c
ommission of offence under sections 13(2) read with 13(i)(e) of P.C. Act pending in the court
of learned Special Judge (Vigilance), Bhawanipatna has filed this application under section 4
38 of the Cr.P.C. for grant of anticipatory bail.
Learned counsel for the petitioner submits that the petitioner is no more in s
ervice and he has all along cooperated with the investigation. According to him, there is no s
cope on the part of the petitioner in fleeing from justice or to tamper the evidence. It is al
so his submission that the calculation that the petitioner is having disproportionate assets t
o the tune of Rs.18,28,410/- is not correct.
Learned Addl. counsel for the Vigilance Department does not allege about non-c
ooperation of the petitioner with the investigation.
Considering the submission, viewing the nature of accusations and other
surrounding circumstances of the case, in the absence of any other impediment, it is directed
that in the event the petitioner surrenders before the court in seisin of the case within a pe
riod of fifteen days hence and moves for his release on bail, he be released on bail on such t
erms and conditions as would be deemed just and proper by the said court with further conditio
n that he will cooperate with the investigation as and when required by the I.O..
The ABLAPL stands disposed of.
Issue urgent certified copy.
D. Dash, J.
Aks
1 issue framed by the court
Whether the applicant is entitled to bail as an alternative to anticipatory bail application.
2 provisions across 2 enactments
Petitioner
Vigilance Department
D. Dash
As recorded by the court registry
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