Dismissed

Munmun Ganguly v. State of Odisha

Orissa HC20 Sept 2021ABLAPL/1695/2021

Case brief

AI extract

What is this about?

The High Court of Orissa rejected pre-arrest bail applications filed by a finance officer and his wife, who were allegedly accused of siphoning university funds. The court refused relief due to alleged absconding and non-cooperation with investigation after an interim protection order was vacated.

What did the court decide?

Both pre-arrest bail applications rejected and earlier interim order vacated.

Munmun Ganguly Vs State of Odisha — Corruption | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA : CUTTACK

¶2

ABLAPL No.1675 of 2021

¶3

Himansu Sekhar Kabi … Petitioner -VersusState of Orissa … Opp. Party ABLAPL No.1695 of 2021 Munmun Ganguly … Petitioner -VersusState of Orissa … Opp. Party CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

¶4

ORDER

¶5

20.09.2021 1. Since both the applications having arisen out of Jatni P.S. Case No.17 of 2021, they are heard together through Hybrid Mode and disposed of by this common order on consent of the parties.

¶6

The Petitioners apprehending their arrest in Jatni P.S. Case No.17 of 2021 corresponding to G.R. Case No.20 of 2021 pending in the court of learned J.M.F.C., Jatni, registered for alleged commission of offence punishable under Sections 420/465/468/471/408 IPC read with Section 66 of the I.T Act have filed the petitions for their release on pre-arrest bail.

¶7

Heard learned counsel for the Petitioners and learned

¶8

counsel for the State so also learned counsel for the Informant.

¶9

¶10

The prosecution allegation reveals that Himansu Sekhar Kabi (Petitioner in ABLAPL No.1675 of 2021) while working in the Private University as Finance Officer siphoned off the money of the University of more than a crore and parked the same in the account of his wife Munmun Ganguly (Petitioner in ABLAPL No.1695 of 2021). However, he has shown the same

¶11

in the account of the University to be the payment made against the demand raised some of the persons which was due on the University for the works done. He in this regard has also taken help of some of the co-accused, who have been taken to custody.

¶12

Learned counsel for the Petitioners submits that the Petitioners shall make good of the loss of the money of the University as such they be released on pre-arrest bail.

¶13

It is submitted by the learned counsel for the State that in spite of the interim order granted protecting the Petitioners

¶14

from arrest, the Petitioners are not cooperating with the investigation and N.B.W.(A) has been issued against them by the court below during the investigation to apprehend them as

¶15

¶16

they absconded. Custodial interrogations of both the Petitioners are required for an effective investigation. Hence they do not deserve to be released on pre-arrest bail.

¶17

Learned counsel for the Informant also echoed the

¶18

submission of the learned counsel for the State to oppose the prayer for pre-arrest bail of the Petitioners.

¶19

Considering the facts and the submissions made and also the fact that the release of the Petitioners on pre-arrest bail shall have an adverse impact on free and fair investigation of the case particularly when they have allegedly absconded after committing the offence alleged and also did not cooperate with the investigation in spite of the protection given to them from arrest, this Court is not inclined to release the Petitioners on pre-arrest bail.

¶20

Accordingly, both the pre-arrest bail applications stand rejected.

¶21

Interim order passed earlier stands vacated.

¶22

…………………….. S.Pujahari, J.

¶23

PKS

¶24

Munmun Ganguly v. State of Odisha

Case brief

What is this about?

What did the court decide?

Munmun Ganguly v. State of Odisha

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

Similar cases

Ganeshram Sahu Vs State

Satyabati Bharati Vs State of Odisha

Antarjyami Pati Vs State of Odisha

Himansu Sekhar Kabi Vs State of Odisha

Karunakar Behera Vs State of Odisha

Niranjan Mohanty Vs State of Odisha