High CourtsSingle Bench

Puspangini Joshi vs State Of Odisha

Orissa High Court · Decided on 28 August 2023 · Citation: (2023) 08 OHC CK 0204

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Prevention of Corruption (Amendment) Act, 2018 — Section 7
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8468 Of 2023
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Judgment

12 paragraphs · 302 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in V.G.R. Case No.12 of 2023 ending on the file of learned Special Judge, Vigilance, Balangir, arising out of Sambalpur Vigilance P.S Case No.21 of 2023 for commission of the offence alleged under Section 7 of the Prevention of Corruption (Amendment) Act, 2018.

3.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Special Judge, Vigilance, Bolangir by order dated 25.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 21.07.2023 on the allegation of demanding bribe of Rs.31,000/-.

5.

It is further submitted that as investigation has progressed substantially, the Petitioner may be released on bail.

6.

Learned counsel for the Vigilance submits that the Petitioner was caught red-handed and as the investigation is at nascent stage, the Petitioner ought not to be released on bail.

7.

Considering the nature of accusation and since the allegation is more or less based on documentary evidence, 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.

8.

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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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

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