Purna Chandra Mohanta Vs State of Odisha(Vig.) — Corruption | Orissa HC (2024)

Purna Chandra Mohanta Vs State of Odisha(Vig.) — Corruption | Orissa HC (2024)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail direction: upon surrender before the seized court within three weeks and a bail application, the Petitioner to be released on bail on terms deemed just, subject to verification of return of Rs.4,49,900/- to the Land Acquisition Officer.

Issue for consideration

Whether the Petitioner, arraigned in Balasore Vigilance P.S. Case No.01 of 2016 / V.G.R. Case No.6 of 2016 for offences under the P.C. Act, 1988 and the I.P.C., should receive the benefit of pre-arrest bail under Section 438 Cr.P.C., and on what conditions.

Ratio / Principle

If the Petitioner surrenders before the court in seisin over the matter within three 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 deems just and proper.

Key takeaways

The release is additionally made subject to verification of the fact that the Petitioner has returned the sum of Rs.4,49,900/- to the concerned Land Acquisition Officer.ratio¶24

Detailed headnote1 paragraphs

Single-judge order of the High Court of Orissa at Cuttack (Hon'ble Mr. Justice Aditya Kumar Mohapatra, dated 02.09.2024) disposing of ABLAPL No.9378 of 2024 (Purna Chandra Mohanta v. State Of Odisha(Vig.)) — a Section 438 Cr.P.C. pre-arrest bail application concerning Balasore Vigilance P.S. Case No.01 of 2016, corresponding to V.G.R. Case No.6 of 2016, pending before the learned Special Judge, Vigilance, Baripada, for alleged offences punishable under Sections 13(2) read with 13(1)(c)(d) of P.C. Act, 1988 and Sections 409/468/471/477-A/120-B of the I.P.C. Counsel recorded that the Petitioner had received three bearer cheques of Rs.4,49,900/- towards land acquisition and rehabilitation compensation and, after encashment, returned the money to the Land Acquisition Officer; the Vigilance side disputed this account. Directing conditional relief, the Hon'ble Court ordered that in the event the Petitioner surrenders within three weeks and applies for bail, the seized court shall release him on bail on terms it deems just and proper, subject to verification that the amount of Rs.4,49,900/- was returned to the concerned Land Acquisition Officer.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9378 of 2024

Purna Chandra Mohanta

.....

Petitioner

Represented By Adv. – Mr. Subhasish Satapathy

-versus-

State Of Odisha(Vig.)

.....

Opposite Parties

Represented By Adv. –

Mr. M.S. Rizvi, A.S.C. for the Vigilance Department

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

02.09.2024

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 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 Balasore Vigilance P.S. Case No.01 of 2016, corresponding to V.G.R. Case No.6 of 2016, pending in the court of learned Special Judge, Vigilance, Baripada, for alleged commission of offences punishable under Sections 13(2) read with 13(1)(c)(d) of P.C. Act, 1988 and Sections 409/468/471/477-A/120-B of the I.P.C.

It is stated by the learned counsel for the Petitioner that although the Petitioner had received three bearer cheques of

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Rs.4,49,900/- which has received towards compensation in case of land acquisition and rehabilitation compensation towards acquisition of land. Learned counsel for the Petitioner further submitted that after encashing the aforesaid amount, the Petitioner has returned the money to the Land Acquisition Officer.

Learned Additional Standing Counsel appearing for the Vigilance Department, on the other hand, submitted that the aforesaid story narrated by the Petitioner is unbelievable. Therefore, the Petitioner should not be enlarged on pre-arrest bail.

Taking into consideration the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record, this Courts directs that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of three weeks from today and moves 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. However, the release of the Petitioner shall also be subject to the verification of the fact that the Petitioner has returned the aforesaid amount of Rs.4,49,900/- to the concerned Land Acquisition Officer.

7. Accordingly, the ABLAPL is disposed of.

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

Signature Not Verified

( Aditya Kumar Mohapatra) Judge

Digitally Signed Signed by: DEBASIS AECH Debasis Reason: Authentication Location: ORISSA HIGH COURT Date: 03-Sep-2024 16:27:53

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