Allowed

Sudhansubala Behera v. State of Odisha(Vig.)

Orissa HC13 Dec 2021ABLAPL/15197/2021

Case brief

AI extract

What is this about?

The petitioner, facing arrest under the Prevention of Corruption Act, sought pre-arrest bail. The Additional Standing Counsel conceded no objection to bail but only after imposing conditions for cooperation with investigation and non-influence of witnesses. The High Court of Orissa directed the arresting officer to release the petitioner on these terms. The petition was allowed.

What did the court decide?

Directs the Officer effecting arrest to release the petitioner on bail with conditions to cooperate with investigation and not influence witnesses.

Sudhansubala Behera Vs State of Odisha(Vig.) — Corruption | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.15197 of 2021

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Sudhansubala Behera

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…. Petitioner

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-versus-

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State of Odisha (Vigilance)

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

13.12.2021

This matter is taken up by video conferencing mode.

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The Petitioner apprehending her arrest in Bhubaneswar Vigilance P.S. Case No.32 of 2021 registered for alleged commission of offence punishable under Section 13(2) read with Section 13(1)(b) and 12 of the Prevention of Corruption Act, has filed this petition for her release on pre-arrest bail.

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Heard the learned counsel for the Petitioner and Mr. Rizvi, the learned Additional Standing Counsel appearing for the Vigilance Department.

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On instruction it is submitted by the learned Additional Standing Counsel appearing for the Vigilance Department that the implication of the petitioner is only under Section 12 of the P.C. Act and her custodial interrogation is not required in this case and, as such, he has no objection to release the Petitioner

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on pre-arrest bail, but while releasing to impose certain conditions, i.e., to cooperate with the investigation and not to influence the prosecution witnesses.

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In view of such submission, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, she be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper including the conditions that she shall cooperate with the investigation, shall not influence the prosecution witnesses in any manner and shall also not tamper with any material evidence available against her. Needless to say that, any violation of the conditions imposed after release of the petitioner, the State (Vigilance) is at liberty to move this Court seeking her cancellation of bail.

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The ABLAPL is, accordingly, disposed of being allowed.

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

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(S. Pujahari) Judge

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MRS

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Sudhansubala Behera v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

Sudhansubala Behera 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

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