Allowed

Prafulla Kumar Pradhan v. State of Odisha

Orissa HC24 Apr 2019ABLAPL/1193/2019

Case brief

AI extract

What is this about?

This is an application for pre-arrest bail filed by an Executive Engineer implicated in a corruption case regarding a flawed tender process for an irrigation project. The Court allowed the bail, noting the tenders were cancelled and observing no likelihood of absconding.

What did the court decide?

Allowed pre-arrest bail and directed the Arresting Officer to release the petitioner on bail upon arrest if implicated.

Prafulla Kumar Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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ABLAPL No.1193 of 2019

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24.04.2019 The petitioner in this case having been implicated in Orkel P.S. Case No.04 of 2019, corresponding to G.R. Case No.11 of 2019, pending in the court of the learned S.D.J.M., Malkangiri for alleged commission of offences punishable under Sections 120(B)/418/420/465/468/34 of IPC, has filed this petition for his release on pre-arrest bail.

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Heard, learned counsel for the petitioner and learned counsel for the State.

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As it appears from the allegation made by the prosecution that a tender was called for by the Chief Construction Engineer of Potteru Irrigation Project, Balimela for certain works contract, which was responded by some of the contractors and they also received message that the tender papers submitted by them were intact and the tender shall be finalized on the basis of lot. However, without intimating the date of lot, the officers named in the report behind the back of the informants, allotted the tender works to some of the contractors of their choice and in this way they had given undue favour to the contractors of their choice by perpetrating fraud. The allegation has been made before the police, pursuant to which, the case has been registered.

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The petitioner is the Executive Engineer, Potteru Canal Division, District-Malkangiri and being a member of the Tender Committee indicted as an accused, as such, has filed this petition for release on pre-arrest bail, as he apprehends his arrest in the aforesaid case.

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However, during the course of hearing, it is submitted by the learned counsel for the State that the

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tender, which was finalized, has in the meanwhile been cancelled.

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Considering the aforesaid facts and submissions made, this Court is of the view that the petitioner in this case deserves to be released on pre-arrest bail, moreso when this Court feels that the petitioner has hardly any chance of abscondance and/or hindrance to an impartial investigation in this case, if released on pre-arrest bail.

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Accordingly, the prayer of the petitioner for prearrest bail is allowed with a direction that in the event of arrest of the petitioner in connection with the aforesaid case, he be released on bail by the Arresting Officer on such terms and conditions as he may deem just and proper including the condition that the petitioner shall cooperating with the investigation.

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The ABLAPL is, accordingly, disposed of.

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Urgent certified copy of this order be granted on proper application.

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…………………..

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Prafulla Kumar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prafulla Kumar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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