Jugal Kishor Sahu Vs State of Odisha — Corruption | Orissa HC (2024)

Jugal Kishor Sahu Vs State of Odisha — Corruption | Orissa HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail declined; however, the Petitioner is to be released on bail by the court in seisin if he surrenders within four weeks and moves a bail application, subject to conditions of appearance on every date fixed, cooperation with the investigation and appearance before the I.O. as required, failing which the bail is liable to be cancelled.

Issue for consideration

Whether the Petitioner, arraigned in Vigilance P.S. Case No-36 of 2021 / Vigilance G.R. Case No.22 of 2021 for offences under Sections 13(2) r/w 13(1)(c)(d) of the Prevention of Corruption Act, 1988 read with Section 120-B IPC, is entitled to pre-arrest bail under Section 438 Cr.P.C.

Court's answer

Pre-arrest bail under Section 438 Cr.P.C. is refused to the Petitioner, having regard to the nature of allegation, gravity of offence and the fact of the case.

Ratio / Principle

Protective direction: in the event the Petitioner surrenders before the court in seisin within four weeks and moves an application for bail, that court shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case.

Key takeaways

The release is further conditioned on the Petitioner appearing before the trial court on each and every date fixed, cooperating with the investigation and appearing before the I.O. as and when his presence is required; violation of any such condition shall entail cancellation of the bail.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - Section 438 Cr.P.C. - Alleged offences under Sections 13(2) r/w 13(1)(c)(d) of the Prevention of Corruption Act, 1988 read with Section 120-B IPC (Vigilance P.S. Case No-36 of 2021 / Vigilance G.R. Case No.22 of 2021, pending before Special Judge (Vigilance), Sambalpur) - Pre-arrest bail declined considering the nature of allegation, gravity of offence and the fact of the case - However, direction issued that on surrender before the court in seisin within four weeks and filing of a bail application, the Petitioner shall be released on bail on terms and conditions deemed just and proper - Release made subject to conditions of appearance before the trial court on every date fixed, cooperation with the investigation and appearance before the I.O. as and when required - Violation of conditions to entail cancellation of bail - ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7286 of 2024

Jugal Kishor Sahu

.....

Petitioner

Represented By Adv. - Saroj Kumar Padhy

-versus-

State Of Odisha

.....

Opposite Party

Represented By Adv. - N.Moharana, ASC for the Vig. Dept.

CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

25.07.2024

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 appearing for the Vigilance Department.

The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Vigilance P.S. Case No-36 of 2021 corresponding to Vigilance G.R. Case No.22 of 2021, pending in the court of learned Special Judge (Vigilance), Sambalpur, for alleged commission of offences punishable under Sections 13(2)/ r/w 13(1) (c) (d) of Prevention of Corruption Act, 1988 read with section 120-B of I.P.C.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period

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of four weeks from today and move an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case.

Further, the release of the petitioner shall also be subject to the condition that he shall appear before the trial court on each and every date fixed and shall cooperate with the investigation and appear before the I.O. as and when his presence is required. Violation of any of such conditions shall entail cancellation of the bail application 6. Accordingly, the ABLAPL is disposed of.

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

( Aditya Kumar Mohapatra) Judge

Anil

Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 27-Jul-2024 16:01:11