Bhanja Kishore Pani vs State (Vigilance)

M.M. Das, J.—Heard Learned Counsel for the Petitioner and the Mr. Mohapatra, Learned Counsel appearing for the Vigilance Department.

This is an application u/s 438 Code of Criminal Procedure for grant of anticipatory bail to the Petitioner.

Accusation of assets disproportionate to his known source of income has been made against the Petitioner and a vigilance enquiry is being conducted as against him.

Mr. Mohapatra, Learned Counsel for the Vigilance Department submits that as yet no F.I.R. has been registered against the Petitioner for which the Petitioner cannot maintain this application for grant of anticipatory bail.

Mr. G. Mishra, Learned Counsel for the Petitioner submits that even though no F.I.R. has been registered, but since an enquiry is being conducted, the Petitioner is entitled to an order of anticipatory bail. He also relies upon the decision in the case of Shri Gurbaksh Singh Sibbia and Others Vs. State of Punjab, in support of his contention.

This Court taking into consideration the aforementioned decision has already held that if there are sufficient materials to show that the Petitioner is being harassed by the police, the Petitioner will always be entitled to maintain an application u/s 438 Code of Criminal Procedure

On considering the materials in the present case, as such a situation does not arise, in my considered view, no order of anticipatory bail can be granted in favour of the Petitioner. However, since it is an admitted position that the enquiry is being conducted by the Vigilance Police, it is directed that in the event an F.I.R. is registered against the Petitioner, he shall be intimated of the said fact by the Investigating Officer, immediately, before taking any coercive action against him and the Petitioner, in the event of registration of an F.I.R., shall not be arrested for a period of 45 days from the date of intimation of such fact to him for enabling him to take appropriate steps in accordance with law. Intimation to the Petitioner, in the event of registration of an F.I.R., shall be given in the address of the Petitioner as given in the cause title of this petition.

The Bl. Apl. is accordingly disposed of.