Charulata Sahoo v. State of Odisha (Vig.)

Mr. M. S. Rizvi, Special Counsel for Vigilance Department CORAM: JUSTICE CHITTARANJAN DASH Order No. ORDER 06.02.2023

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

This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for her alleged involvement in the offences U/s.13(2) read with Section 13(1)(b)/12 of PC Act, 1988 (Amendment Act 2018).

Learned Counsel for the Petitioner submits that the Petitioner is a woman and that the investigating Officer has not properly scrutinized the documents and calculated the income, expenditure and assets of the husband of the Petitioner. Learned counsel further submits that the immovable assets stood in the name of the husband of the Petitioner prior to his appointment and most of the deposits are held jointly with her husband. The percentage of disproportionate asset is preliminarily assessed at 310%. However, the same goes more in the name of the husband. // 2 //

Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, circumstances appearing, the seriousness and gravity of the offences, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Sundargarh Vigilance Rourkela PS Case No.27 of 2022 corresponding to Vigilance GR Case No.21 of 2022 pending in the court of learned Special Judge, Vigilance, Sundargarh within a period of three weeks hence and she shall be released on such terms and conditions as would be deemed just and proper by the said court. However, if the learned court allows the Petitioner to go on bail, then the following further conditions shall be imposed:- (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation by procuring Pass Book as and when required; (ii) she shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial; (iii) she shall not threaten, terrorize and intimidate the informant and her family members in any manner whatsoever and (iv) Violation of any of the conditions shall entail cancellation of bail.

The ABLAPL is disposed of accordingly. Judge (Chittaranjan Dash) AKPradhan