Allowed

Santosh Kumar Khatua v. State of Odisha(Vig.)

Orissa HC21 Nov 2019ABLAPL/4886/2019

Case brief

AI extract

What is this about?

Granting pre-arrest bail to a petitioner implicated in a Vigilance case for corruption offenses. The court allowed the petition after finding the petitioner is cooperating with the investigation, no custodial interrogation is required, and there is no risk of absconding. A direction was issued to freeze the petitioner's deposited amount.

What did the court decide?

Released on bail on arrest with condition to cooperate; amount deposited to be frozen subject to final court order.

Santosh Kumar Khatua Vs State of Odisha(Vig.) — Corruption | Orissa HC (2019)

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ABLAPL No.4886 of 2019

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21.11.2019 The petitioner in this case having been implicated in Sambalpur Vigilance P.S. Case No.73 of 2018 corresponding to V.G.R. Case No.22 of 2018 pending in the court of the learned Special Judge (Vigilance), Sundargarh for alleged commission of offences punishable under Sections 13(2)/13(1)(c)(d) of the P.C. Act and Sections 468/471/477-A/420/34 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 Vigilance Department.

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It is stated by the learned counsel for the Vigilance Department that the petitioner who has been indicted in the aforesaid case has misappropriated an amount of Rs.5,20,535/- but cooperating with the investigation and also a FDR of Rs.1 lakh deposited in his name has been seized.

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Considering the facts and submissions made, especially the submission of the learned counsel appearing for the Vigilance Department that custodial interrogation of the petitioner is not required for collection of further evidence and/or a free and fair investigation and he is cooperating with the investigation and nothing is there on record indicating the fact that the petitioner shall abscond and/or tamper with the prosecution evidence, if released on

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RKS

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pre-arrest bail, I am of the view that this is a fit case to enlarge the petitioner on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper including the condition that he shall cooperate with the investigation. Further more the amount deposited in the account by the petitioner be freezed and the said amount along with the interest accrued, shall be subject to the final order to be passed in the conclusion of the case by the court concerned.

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Accordingly, the prayer for pre-arrest bail stands allowed and the ABLAPL is 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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S.Pujahari, J.

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Santosh Kumar Khatua v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

Santosh Kumar Khatua v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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