Disposed

Partha Pratim Tewari v. Union of India (Cbi)

Orissa HC19 Jan 2024BLAPL/11284/2023

Case brief

AI extract

What is this about?

Successive regular bail application in a CBI case under IPC sections 120-B/420/409 and the Prize Chits Act, also seeking interim bail on illness grounds and to attend his mother's funeral. The Court declined both prayers but permitted an application to the Competent Authority for parole.

What did the court decide?

No bail or interim bail granted; liberty to apply before the Competent Authority for parole.

Partha Pratim Tewari Vs Union of India (Cbi) — Cheating and Forgery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.11284 of 2023

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Partha Pratim Tewari

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-versus-

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…. Opposite Party Mr. S.Nayak, Special Public Prosecutor (CBI)

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Union of India (CBI)

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CORAM:

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MR. JUSTICE D.DASH ORDER 19.01.2024 BLAPL No.11284 of 2023 & I.A. No.25 of 2024

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Order No.

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1. This matter is taken up through hybrid arrangement (virtual/physical mode).

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The Petitioner, who is in custody in connection with R.C.13/S/2014, dated 05.06.2014 corresponding to SPE No.08 of 2014 pending in the Court of the learned ACJM (Special CBI), Bhubaneswar, running for the alleged commission of offence under sections 120-B/420/409 of IPC and section 4,5 and 6 of Prize Chits and Money Circulation Scheme (Banning) Act, 1978 has filed this successive application under section 439, Cr.P.C. for his release on bail.

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The Petitioner has also filed an application for grant of interim bail on the ground of personal illness for better treatment.

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Page 1 of 3

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// 2 //

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It is now stated by filing additional documents in Court that the mother of the Petitioner has expired on 16.01.2024 and her dead body has been preserved for cremation. It is further submitted that the above situation, the Petitioner be released for some days on interim bail so as to attend the funeral ceremony of his mother and do the needful as son.

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Facts reveal that the Petitioner after having been unsuccessful on two occasions before this Court for his release on bail, the Petitioner had moved for the third time by filing BLAPL No.4868 of 2020. But when the matter was pending before this Court, the Petitioner had moved the Hon’ble Supreme Court by filing SLP (Crl.) No.10713 of 2022 in assailing the order dated 15.04.2019 passed by this Court in BLAPL No.5486 of 2017, although by then, the Petitioner had again approached this Court in BLAPL No.4868 of 2020. This Court dismissed the BLAPL No.4868 of 2020 on 18.10.2022 and thereafter the Hon’ble Supreme Court has dismissed the SLP on 16.05.2023. The Petitioner had neither disclosed before this Court at any time during pendency of BLAPL No.4868 of 2020, regarding the move before the Hon’ble Apex Court nor before the Apex Court about the filing and disposal of the said BLAPL.

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Before the Hon’ble Apex Court the Petitioner when had contended for his release on bail on the ground of his suffering from various serious ailments. The Hon’ble Apex Court had given the liberty to the Petitioner to apply before the

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Page 2 of 3

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// 3 //

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Competent Authority for parole/medical parole for their decision on the same.

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Keeping in view all the aforesaid, this Court while being not inclined to reconsider the prayer for grant of bail to the Petitioner as also to grant interim bail, this BLAPL is disposed of with the observation that it would be open for the Petitioner to apply before the Competent Authority for parole for its consideration in proper prospective and disposal in accordance with law at the earliest.

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The BLAPL and I.A. is accordingly disposed of.

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Issue urgent certified copy as per rules in course of the

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day.

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(D.Dash)
Judge

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Signature Not Verified

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Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 24-Jan-2024 19:23:50

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Page 3 of 3

Partha Pratim Tewari v. Union of India (Cbi)

Case brief

What is this about?

What did the court decide?

Partha Pratim Tewari v. Union of India (Cbi)

Case brief

What is this about?

What did the court decide?

What the court decided

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