Allowed

Biharilal Barik v. State of Odisha

Orissa HC6 Apr 2021ABLAPL/671/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted pre-arrest bail to two petitioners facing charges under the Prevention of Corruption Act. The Court was satisfied that custodial interrogation was not required and the petitioners were cooperating with the investigation, finding no risk of absconding or tampering with evidence.

What did the court decide?

Petitioners to be released on bail by the Officer effecting arrest subject to such terms and conditions as deemed just and proper, including cooperation with investigation.

Biharilal Barik Vs State of Odisha — Corruption | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.671 of 2021

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Sri Biharilal Barik

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Smt. Chandrika Barik … Petitioners. - Versus – State of Odisha … Opp. Party.

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CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI

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O R D E R

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06.04.2021

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This matter is taken up by video conferencing

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mode.

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The petitioners apprehending their arrest in Sambalpur Vigilance P.S. Case No.45 of 2020, corresponding to Bolangir V.G.R. Case No.03 of 2021, pending in the court of Special Judge Vigilance, Bolangir, registered for alleged commission of offences punishable under Section 13(2) read with Section 13(1)(b)/12 of the P.C.Act, have filed this petition for their release on pre-arrest bail.

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Heard the learned counsel for the petitioners and the learned counsel for the Vigilance Department.

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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 petitioners is not required for collection of further evidence or their bail is not an impediment to free and fair investigation, inasmuch as they are cooperating with the investigation, coupled with the fact that nothing is there on record indicating

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the fact that the petitioners shall abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail, I am of the view that this is a fit case to enlarge the petitioners on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper including the condition that they shall cooperate with the investigation as and when directed.

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The ABLAPL is, accordingly, disposed of being allowed.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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…………………..

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S.Pujahari, J.

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RKS

Biharilal Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biharilal Barik 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

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