Supreme CourtDivision Bench

PRAVAT KUMAR DASH Vs CENTRAL BUREAU OF INVESTIGATION

Supreme Court Of India · Decided on 11 July 2017 · Citation: (2017) 8 SCC 453 : (2017) 7 JT 39

HON’BLE JUDGES
Ranjan Gogoi, J · Navin Sinha, J
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-420>Section 420</a>, <a href=1767-468>Section 468</a>, <a href=1767-471>Section 471</a>, <a href=1767-467>Section 467</a>, <a href=1767-34>Section 34</a>, <a href=1767-406>Section 406</a>, <a href=1767-418>Section 418</a>, <a href=1767-417>Section 417</a>, <a href=1767-422>Section 422</a> - Punishment of criminal conspiracy - Cheating and dishonestly inducing delivery of property - Forgery for purpose of cheating - Using as genuine a forged document - Forgery of valuable security, will, etc - Acts done by several persons in furtherance of common intention - Punishment for Criminal breach of trust - Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect - Punishment for cheating - Dishonestly or fraudulently preventing debt being available for creditois · <a href=6498>Prize Chits and Money Circulation Schemes (Banning) Act, 1978</a>, <a href=6498-4>Section 4</a>, <a href=6498-6>Section 6</a>, <a href=6498-5>Section 5</a> - Penalty for contravening the provisions of section 3 - Offences by companies - Penalty for other offences in connection with prize chits or money circulation schemes
RESULT
Disposed Of
CASE NUMBER
Crl.A. No 1110 of 2017 [Arising out of Special Leave Petition (Criminal) No.3805 of 2017]
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Judgment

5 paragraphs · 234 words
1.

Leave granted.

2.

Prayer for time to file counter affidavit made by the Special Public Prosecutor on behalf of the Central Bureau of Investigation is rejected having regard to the fact that the accused appellant is in custody for over two and half years and the offences alleged against him are under Sections 420/467/468/471/406/417/418/422/ 120B/34 of the Indian Penal Code, 1860 and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

3.

Partial charge-sheet has been submitted on 7th March, 2015 and thereafter despite several extensions of time for completion of the remaining part of the investigation including order of extension of time by this Court, the investigation has not been completed. Having regard to the period of custody suffered; offences alleged; and taking into account the totality of the facts of the case, we are inclined to take the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned Special C.J.M. CBI, Bhubaneswar in connection with R.C. Case No.49/S/14 arising out of SPE Case No.44 of 2014.

4.

The learned Special C.J.M. CBI, Bhubaneswar is free to impose appropriate condition(s) as he deems fit.

5.

Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.