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Desha Ranjan Sethi Vs State of Odisha(Vig.) — Orissa HC (2022) — LawSathi Research

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Orissa HC
2022
Desha Ranjan Sethi Vs State of Odisha(Vig.)Desha Ranjan Sethi v. State of Odisha(Vig.)

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Desha Ranjan Sethi v. State of Odisha(Vig.)

Orissa HC22 Apr 2022ABLAPL/16164/2020

Case brief

AI extract

What is this about?

In a hybrid hearing, the High Court directed the Arresting Officer to release the Petitioner on bail if arrested in connection with a Vigilance case alleging excess expenditure and misappropriation, requiring property security as guarantee for potential refund to the State.

What did the court decide?

Directed release on bail upon arrest with condition of furnishing property security for recovery of misappropriated amount.

What the court decided

AI extract

Outcome

Directed release on bail upon arrest with condition of furnishing property security for recovery of misappropriated amount.

Issue for consideration

Whether the Petitioner should be released on bail upon arrest in ongoing Vigilance proceedings involving misappropriation accusations.

Detailed headnote1 paragraphs

The Court allowed bail to the Petitioner in a Vigilance case concerning misappropriation of funds. The Petitioner was directed to furnish adequate property security to be appropriated towards compensating the State in case he is liable to refund the misappropriated amount or excess expenditure.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.16164 OF 2020

Desha Ranjan Sethi

…. Petitioner

Mr.Sidheswar Mohanty, Advocate

-versus-

State of Odisha (Vig.)

…. Opposite Party Mr. S. Rizvi, ASC (Vigilance)

CORAM:

MR. JUSTICE D.DASH ORDER

Order No.

22.04.2022

This matter is taken up through hybrid arrangement (virtual/physical) mode.

Heard learned counsel for the Petitioner and learned State Counsel for the Vigilance.

Considering the submission and the accusations made against the Petitioner; further keeping in view the surrounding circumstances, it is directed that in the event of arrest of the Petitioner in Koraput Vigilance P.S. Case No.40 of 2018 corresponding to G.R. Case No.24 of 2018 (V) on the file of the learned Special Judge (Vigilance), Jeypore, he shall be released on bail by the Arresting Officer on such terms and conditions as the Arresting Officer may deem just and proper including the condition of furnishing adequate property security for recovery of the misappropriated amount with an undertaking that in case it is found that the Petitioner is responsible for any excess expenditure than the permissible limit and, as such, he is liable to refund of the same to the State, the said property security shall be appropriated towards compensating the State.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Himansu

Page 1 of 1

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Petitioner should be released on bail upon arrest in ongoing Vigilance proceedings involving misappropriation accusations.

Statutes considered

2 provisions across 2 enactments

AI extract

Koraput Vigilance P.S. Case No.40 of 2018Koraput Vigilance P.S. Case No.40 of 2018
G.R. Case No.24 of 2018 (V)G.R. Case No.24 of 2018 (V)

Parties & counsel

AI extract

petitioner
Desha Ranjan Sethi
respondent
State of Odisha

Coram

AI extract

D. Dash

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 22 Apr 2022 · April
Registered: 22 Dec 2020
Case no.: ABLAPL/16164/2020
CNR: ODHC010782752020
Bench: D.dash
Disposal: Disposed Off

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Cite this judgement

Desha Ranjan Sethi v. State of Odisha(Vig.), ABLAPL/16164/2020 (OD), decided on 22 April 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Koraput Vigilance P.S. Case No.40 of 2018Koraput Vigilance P.S. Case No.40 of 2018
G.R. Case No.24 of 2018 (V)G.R. Case No.24 of 2018 (V)

View all statutes

Bench / Coram

D. Dash

Parties & counsel