Single Judge passed an order granting anticipatory bail to the petitioner implicated in a corruption case pending before Special Judge, Vigilance, Bhubaneswar, subject to conditions of cooperation and appearance.
Release on bail with directions to cooperate with investigation and appear before investigating officer as desired.
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ABLAPL No.10338 of 2016
08. 09.03.2017 The petitioner, having been implicated in Bhub
aneswar Vigilance PS Misc. Case No.11 of 2016 registered for alleged commission of offence und
er sections 13(2) read with section 13(1)(e) of the P.C. Act and section 109, I.P.C. pending i
n the Court of the learned Special Judge, Vigilance, Bhubaneswar has filed this application fo
r grant of bail in the event of his arrest in the said case.
Learned counsel for the petitioner submits that this petitioner has been in se
rvice from the year 1991 and his wife has also got some income. According to him all those hav
ing not been taken into consideration, the value of the disproportionate assets as assessed to
be there in the hands of the petitioner is under dispute. Therefore, he urges for grant of an
ticipatory bail to this petitioner.
Learned Standing Counsel for the Vigilance Department submits that the F.I.R i
n the case has already been registered and the investigation is under progress. He of course c
ontends that the petitioner has been cooperating in the investigation from the beginning.
Considering the submissions and viewing the materials on record taking into ac
count the conduct of the petitioner when it is not stated that there is either the likelihood
on the part of the petitioner to flee from justice or tamper the evidence, it is directed that
in the event of arrest of the petitioner in the above mentioned case, he be released on bail
with such terms and conditions as would be deemed just and proper by the Arresting Officer wit
h further condition that he will cooperate with the investigation and appear before the Inves
tigating Officer as and when so desired.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
H
1 issue framed by the court
Whether the petitioner is entitled to grant of anticipatory bail in the event of arrest in a Vigilance case under sections 13(2) and 13(1)(e) of the P.C. Act and section 109 I.P.C.
2 provisions across 2 enactments
Petitioner
Respondent
D. Dash
As recorded by the court registry
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