The High Court granted bail to the petitioner charged under the Prevention of Corruption Act for disproportionate assets. The court acknowledged the ongoing investigation but permitted release subject to conditions.
Petitioner directed to be released on bail subject to appearing before the Investigating Officer and not tampering with evidence.
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BLAPL NO. 16 OF 2021
The matter is taken up through video conference mode.
The petitioner being in custody in connection with Berhampur Vigilance P.S. Case No. 30 of 2020 corresponding to G.R. Case No.25 of 2020(V) on the file of learned Special Judge, Vigilance, Berhampur running for alleged commission of offence under section-13(2) read with section-13(1)(b) of the P.C. (Amendment) Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that although this case had initially registered against this petitioner as the public servant for having assets disproportionate to his known sources of income, the properties standing even in the name of the brother of the petitioner besides those in the name of his wife have been take into account which under no circumstance ought to have been done. He further submits that since both the brothers as well as well as the wife of the petitioner are Income Tax Assesses since long and they have their income, that aspect has been completely ignored by the Investigating Agency. In view of all these above, when there remains no scope on the part of the petitioner from justice and tamper the evidence, further citing the period of detention of the petitioner in custody; he urges for grant of bail to the petitioner.
Learned Additional Standing Counsel for the Vigilance points out that here the disproportionate assets so far, have been ascertained to be 462% and the investigation of the case is in progress. She however does not dispute the fact that the petitioner being arrested in the case is in custody since 31.12.2020.
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Taking into account the submissions made; further keeping in view the materials on records as those stand against the petitioner with other surrounding circumstances including the period of detention of the petitioner in custody and on going through the order passed by the learned Special Judge (Vigilance); in the absence of any such impediment; it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that:-
Violation of the condition/s shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
D. Dash, J.
Narayan
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1 issue framed by the court
Whether the petitioner is eligible for bail in a disproportionate assets case where investigation is ongoing.
2 provisions across 2 enactments
Narayan
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
