Sanjubala Swain Vs State of Odisha(Vig.) — Corruption | Orissa HC (2024)

Sanjubala Swain Vs State of Odisha(Vig.) — Corruption | Orissa HC (2024)

What the court decided

AI extract

Outcome

Application disposed of: anticipatory bail declined, but the Petitioner is to be released on bail by the learned Magistrate if she surrenders within three weeks, subject to the stated conditions; violation of any condition shall entail cancellation of the bail.

Issue for consideration

Whether the Petitioner, stated to be the wife of the principal accused (a government servant), is entitled to anticipatory bail under Section 482 of the B.N.S.S., 2023 in the vigilance case under Sections 13(2)/13(1)(b)/12 of the P.C. Act, 1988.

Court's answer

Anticipatory bail declined; however, if the Petitioner surrenders and moves for bail before the learned court in seisin within three weeks, she is to be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

Ratio / Principle

Release on bail made subject to conditions: cooperation with the investigation and appearance before the Investigating Officer as and when required, production of all relevant documents in her possession, no attempt to tamper with prosecution evidence, and attendance before the court on each trial date; violation of any condition shall entail cancellation of the bail.

Detailed headnote1 paragraphs

Anticipatory bail application under S.482 BNSS, 2023 by the wife of the principal accused (a government servant) in a vigilance case under Ss.13(2)/13(1)(b)/12 of the P.C. Act, 1988 (Berhampur Vigilance P.S. Case No.18 of 2024; G.R. No.09 of 2024 (V), Special Judge (Vigilance), Berhampur). The Court declined pre-arrest bail considering the seriousness of the allegation and gravity of the offence, but directed that if the petitioner surrenders before the court in seisin within three weeks, she shall be released on bail on terms deemed just by the Magistrate, subject to conditions of cooperating with the investigation, producing documents, refraining from tampering with evidence and attending trial on every date; violation would entail cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10264 of 2024

Sanjubala Swain

..... Petitioner

Represented By Adv. - Jugala Kishore Panda

-versus-

State Of Odisha (Vig.)

..... Opposite Parties

Represented By Adv. – M.S.Rizvi, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

24.09.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the Vigilance Dept. Perused the records.

This is an application under Section 482 of B.N.S.S., 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Section 13(2) read with 13(1)(b) and 12 of the P.C. Act, 1988 in G.R. No.09 of 2024 (V) of the Court of learned Special Judge (Vigilance), Berhampur arising out of Berhampur Vigilance P.S. Case No.18 of 2024.

It is stated by learned counsel for the Petitioner that the present Petitioner, who is wife of the principal accused, who happens to a govt. servant against whom a criminal proceeding has been initiated commission of section under Section 13(2) of P.C. Act. He further

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submitted that that the Petitioner is not being the principal accused, be released on bail subject to any terms and conditions.

Learned Additional Standing Counsel for the Vigilance Dept. on the other hand on instruction contended that although the custodial interrogation of the Petitioner is not required, however, her presence before the I.O. is required for the purpose of investigation. He further submitted that there is a possibility that the Petitioner might not cooperate with the investigation, in the event he is released on pre-arrest bail.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:-

I. shall cooperate with the investigation and appear before the Investigating Officer as and when his presence is required for the purpose of investigation;

II. shall produce all the relevant documents in her possession;

III. shall not make any attempt to tamper with prosecution evidence; and

IV. shall not default in attendance of the court during trial on each date of posting.

Violation of any of the conditions shall entail cancellation of the bail application.

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The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

( A.K. Mohapatra) Judge

Anil

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 24-Sep-2024 17:02:22

Page 3 of 3. Signature Not Verified