Anticipatory bail allowed for Chief Manager of a cooperative society in a prize chits/money laundering case. No material showed involvement in policy-making or cheating. Application reserved on cooperation and appearance conditions.
Application for anticipatory bail allowed; directed to appear when required and cooperate with investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No. 256 of 2016
19.05.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 420, 120-B, 342, 294, 506 and 323 of the I.P.C. read with Sections 4, 5 and 6 of the Pri
ze Chits and Money Circulation (Banning) Act, 1978 in G.R. Case No. 765 of 2015 of the court o
f S.D.J.M., Bhadrak, arising out of Bhadrak Rural P.S. Case No. 238 of 2015.
It is apparent from the records that the present petitioner has been appointed as Chie
f Manager of Hi-Tech Regional Cooperative Society Ltd., Ranital, Bhadrak. There is no material
on record to show that the petitioner has been involved in the policy making of the company a
nd was actively involved in cheating the innocent and gullible persons. The present petitioner
happens to be the permanent resident of Village-Nuagaon, P.S. Basta, Dist. Balasore and there
is no chance of his absconding from justice. Investigation of the case has in the meantime su
fficiently progressed, so there is no chance of his tampering with the prosecution evidence.
Keeping in view the aforesaid consideration, the application for anticipatory bail is
allowed. It is directed that on the event of arrest, the petitioner shall be released on bail
on such terms and conditions as deemed just and proper by the Arresting Officer. It is further
directed that he shall continue to cooperate with the investigation of the case and shall app
ear before the Investigating Officer as and when required by him.
The ABLAPL is accordingly disposed of. Urgent certified copy of this order be granted as per rules.
J.
2
1 issue framed by the court
Whether the petitioner's application for anticipatory bail in FIRs under IPC sections read with the Prize Chits Act should be allowed given the absence of incriminating material regarding policy-makin
Petitioner
State
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court