Disposed

Sudhansu @ Sudhanshu Sekhar Rana v. State of Odisha(Vig.)

Orissa HC5 Sept 2024BLAPL/8315/2024

Case brief

AI extract

What is this about?

Regular bail application by a government officer accused in a vigilance case under Section 7 of the Prevention of Corruption Act, 2018. With no custodial interrogation required and no prior trap history, the court granted bail on a bond with conditions including cooperation in voice sample collection.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.30,000 with two solvent sureties, subject to conditions including cooperation with investigation and providing voice sample.

Sudhansu @ Sudhanshu Sekhar Rana Vs State of Odisha(Vig.) — Corruption | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8315 of 2024

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Sudhansu @ Sudhanshu Sekhar ..... Petitioner

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Rana

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Represented By Adv. - Saroj Kumar Padhy

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-versus-

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State Of Odisha(Vig)

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.....

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Opposite Parties

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Represented By Adv. – Mr. S.K. Das, ASC for Vigilance

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.09.2024

Order No.

01.

This matter is taken up through Hybrid mode.

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for Vigilance. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail relating to Sambalpur Vigilance P.S. Case No.18 of 2024, corresponding to G.R. Case No.11 of 2024, pending before the learned Special Judge (Vigilance), Balangir, for alleged commission of offence punishable under Section 7 of the Prevention of Corruption Act, 2018.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in

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Page 1 of 3.

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custody since 03.08.2024. He further contended that the investigation has progressed substantially and the final charge-sheet is likely to be filed soon. Learned counsel for the Petitioner further contended that the custodial interrogation of the Petitioner is not required in the present case. On such grounds, learned counsel for the Petitioner submitted that since the Petitioner is a government officer, there is no likelihood of him absconding from justice. As such, the learned counsel for the Petitioner submitted that the Petitioner be enlarged on bail on any stringent terms and conditions deemed fit by this Court which the Petitioner undertakes to abide by while on bail.

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Learned Additional Standing Counsel for Vigilance on the other hand, on instruction received vide letter dated 30.08.2024 from the DSP, Vigilance, Subarnapur Unit, submitted that no custodial interrogation of the Petitioner is required at the moment and that the Petitioner does not have any history of any previous trap case being registered against him. Learned Additional Standing Counsel further submitted that the cooperation of the Petitioner is required for the purpose of taking voice sample for conducting voice spectrograph test, which is vital for the investigation.

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Taking into consideration the submissions made by the learned counsels appearing for the respective parties and, on a careful consideration of the surrounding facts as well as materials on record, further keeping in view the instruction on letter dated 30.08.2024, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be

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Page 2 of 3.

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subject to following conditions:-

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i) shall cooperate with the investigation and appear before the I.O. as and when his presence is required and provide his voice sample if required for the purpose of voice spectrograph test;

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iii) shall not make any default in attending the court during trial on each and every date without fail, unless prevented by any sufficient cause;

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Violation of any of the terms and conditions shall entail cancellation of bail.

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The BLAPL is, accordingly, disposed of.

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Free copy of the order be handed over to the learned Additional Standing Counsel for taking instruction.

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( A.K. Mohapatra)

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Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Page 3 of 3. Date: 05-Sep-2024 17:38:31

Sudhansu @ Sudhanshu Sekhar Rana v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

Sudhansu @ Sudhanshu Sekhar Rana v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

What the court decided

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