Allowed

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

Orissa HC21 Nov 2019ABLAPL/4887/2019

Case brief

AI extract

What is this about?

In a petition for pre-arrest bail in a corruption case involving misappropriation, the court allowed the bail after finding that the petitioner is cooperating, custodial interrogation is unnecessary, and there is no indication of absconding or tampering with evidence.

What did the court decide?

Directed release on pre-arrest bail with terms of cooperation and freezing of deposited funds.

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

¶1

ABLAPL No.4887 of 2019

¶2

21.11.2019 The petitioner in this case having been implicated in Sambalpur Vigilance P.S. Case No.74 of 2018 corresponding to V.G.R. Case No.23 of 2018 pending in the court of the learned Special Judge (Vigilance), Sundargarh registered 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.

¶3

Heard, learned counsel for the petitioner and learned counsel for the Vigilance Department.

¶4

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.5,10,209/- but cooperating with the investigation and also a FDR of Rs.1 lakh deposited in his name has been seized.

¶5

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

¶6

RKS

¶7

¶8

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

¶9

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.

¶10

Accordingly, the prayer for pre-arrest bail stands allowed and the ABLAPL is disposed of.

¶11

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

¶12

…………………

¶13

S.Pujahari, J.

¶14

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

Parties & counsel

Coram

Case details

Similar cases

Akash Kumar Behura Vs State of Odisha

Sashibhusan Mishra Vs State of Odisha

Susil Nayak Vs State of Odisha

Santosh Kumar Pati Vs State of Odisha

Santosh Kumar Khatua Vs State of Odisha(Vig.)

Santosh Kumar Khatua Vs State of Odisha(Vig.)