Pravash Kumar Behura Vs State of Odisha — Corruption | Orissa HC (2024)

Pravash Kumar Behura Vs State of Odisha — Corruption | Orissa HC (2024)

What the court decided

AI extract

Outcome

Direct anticipatory bail not granted; the petitioners were directed to appear before the court below and move for regular bail, and in such event they shall be released on bail on such terms and conditions as the court below may deem fit and proper to impose.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners who apprehend arrest in EOW P.S. Case No. 18 of 2023 corresponding to L.Y. Case No. 1355 of 2020 pending before the learned Lokayukta. +1 more

Court's answer

The charge sheet having been submitted, the petitioners were directed to appear before the court below and to move for regular bail.

Ratio / Principle

As there was no direction from the learned Lokayukta to arrest the petitioners and the final charge sheet showed them as not arrested, their apprehension of being arrested does not appear to be reasonable.

Key takeaways

On the petitioners so appearing and applying, they shall be released on bail on such terms and condition as the court below may deem fit and proper to impose.ratio¶20

Detailed headnote1 paragraphs

Anticipatory Bail Application (ABLAPL No. 67 of 2024, Orissa HC, 07.02.2024): Petitioners apprehended arrest in EOW P.S. Case No. 18 of 2023 / L.Y. Case No. 1355 of 2020 pending before the learned Lokayukta for alleged offences under Section 13(2) of the Prevention of Corruption Act, Sections 379/409/447/468/471/120-B IPC and Section 51 of the Odisha Minor Mineral Concessions Rules. The underlying Lokayukta proceeding had meanwhile been stayed by a coordinate Bench in W.P.(C) No. 152 of 2024. The State conceded there was no Lokayukta direction to arrest the petitioners and that a final charge sheet was submitted showing them as not arrested. Holding the apprehension of arrest not reasonable, the Court nonetheless directed the petitioners, the charge sheet having been filed, to appear before the court below and seek regular bail, on which they would be released on bail on such terms as that court deemed fit; the ABLAPL was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 67 of 2024

Pravash Kumar Behura and another

….

Petitioners

Mr. A. Mishra, Advocate

-Versus -

State of Odisha

…. Opposite Party

Additional Standing Counsel

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

07.02.2024

Order No. 02

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending arrest in connection with EOW P.S. Case No. 18 of 2023 corresponding to L.Y. Case No. 1355 of 2020 pending before the learned Lokayukta for the alleged commission of offence under Section 13(2) of the Prevention of Corruption Act as amended by Prevention of Corruption (Amendment) Act read with Sections 379/409/447/468/471/120-B of IPC and Section 51 of Odisha Minor Mineral Concessions Rules.

Learned State Counsel has obtained instructions that EOW is the prosecuting agency.

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Learned Senior Counsel appearing for the petitioners submits that the proceeding before the learned Lokayukta which gave rise to the present case against the petitioners, has in the meantime been stayed by a coordinate Bench of this Court in a writ petition bearing W.P.(C) No. 152 of 2024.

Learned State Counsel fairly submits that there was no direction from the learned Lokayukta to arrest the petitioners for which final charge sheet was submitted showing them as not arrested. In view of such factual position, this Court is of the view that the apprehension of the petitioners of being arrested does not appear to be reasonable. Nevertheless charge sheet having been submitted, they are directed to appear before the court below and to move for regular bail. In such event, they shall be released on bail on such terms and condition as the court below may deem fit and proper to impose.

The ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( Sashikanta Mishra) Judge

Signature Not Verified B.C. Tudu

Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Feb-2024 20:00:24

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