This High Court application under Section 439 CrPC sought regular bail for the petitioner detained since May 10, 2022, for alleged corruption. The bench granted bail subject to conditions, noting the petitioner's local residence and lack of flight risk.
Petitioner granted bail on Rs. 30,000 each to be furnished by him and one solvent surety.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4284 of 2022
Harihara Swain
Petitioner
Mr.Jagabandhu Sahu , Advocate
-versus-
State of Odisha (Vig.)
…. Opposite Party Mrs.J.Tripathy, Standing Counsel, Vigilance.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
13.06.2022
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complainant. He also submits that the alleged tainted money was not seized from the physical possession of the Petitioner; rather the same was received being kept on the table having been wrapped with a Sambad paper. It is also submitted by the learned counsel for the Petitioner that when the Petitioner knew that the complainant was absent on duty, he asked for explanation from the complainant and in order to save him, the complainant foisted this false case.
i) he shall cooperate with the investigation of the case and shall appear before the I.O. as and when required for the purpose of investigation.
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while on bail.
RKS
( A.K. Mohapatra )
Vacation Judge
2 issues framed by the court
Whether bail should be granted to the petitioner facing charges under the Prevention of Corruption (Amendment) Act, 2018.
Whether the petitioner presents a flight risk given his residence and custodial detention.
2 provisions across 2 enactments
Harihara Swain
State of Odisha (Vig.)
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
