Hemakanta Bishi vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the Vigilance.

The Petitioner is an accused in V.G.R. Case No.07 of 2023 pending on the file of learned Special Judge, Vigilance, Balangir, arising out of Sambalpur Vigilance P.S Case No.11 of 2023 for commission of the offence alleged under Sections 7/12 of the Prevention of Corruption (Amendment) Act, 2018.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Vigilance, Balangir by order dated 10.05.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 09.05.2023 and as investigation has progressed substantially, his further continuance in custody is not warranted.

It is further submitted that since co-accused has been released on bail by order dated 19.05.2023 in BLAPL No.5378 of 2023, he seeks release, inter alia, on the ground of parity.

Learned counsel for the Vigilance, on the other hand, submits that the investigation in the case at hand has just started and if the Petitioner is released on bail at this stage, the ongoing investigation shall be derailed.

Considering the rival submissions of the parties and taking note of the allegations and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

Additionally, it is directed that the Petitioner shall not leave the jurisdiction of the learned Court in seisin without its permission till submission of final form and/or without intimation to the I.O and shall appear before the I.O as and when summoned. It shall be open to the Vigilance Department to seek variance of the order, if the Petitioner does not extend the desired cooperation.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted in course of the day.

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