Supreme Court - Daily Orders
Pravat Kumar Dash vs Central Bureau Of Investigation on 11 July, 2017
Bench: Ranjan Gogoi, Navin Sinha
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.(S) 1110 OF 2017
[Arising out of Special Leave Petition
(Criminal) No.3805 of 2017]
PRAVAT KUMAR DASH ...APPELLANT(S)
VERSUS
CENTRAL BUREAU OF
INVESTIGATION ...RESPONDENT(S)
ORDER
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/ Signature Not Verified 120B/34 of the Indian Penal Code, 1860 and Digitally signed by VINOD LAKHINA Sections 4, 5 and 6 of the Prize Chits and Date: 2017.07.11 18:19:11 IST Reason:
2
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.
3
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.
....................,J.
(RANJAN GOGOI) ...................,J.
(NAVIN SINHA)
NEW DELHI
JULY 11, 2017
4
ITEM NO.11 COURT NO.4 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 3805/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 12-04-2017 IN BLAPL NO. 7438/2016 PASSED BY THE HIGH COURT OF ORISSA AT CUTTACK) PRAVAT KUMAR DASH PETITIONER(S) VERSUS CENTRAL BUREAU OF INVESTIGATION RESPONDENT(S) (FOR [PERMISSION TO FILE ANNEXURES] ON IA 8457/2017) Date : 11-07-2017 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Suresh Chandra Tripathy, AOR For Respondent(s) Mr. K. Raghavacharyulu, Adv.[Spl.P.P.] Mr. Kailash Pandey, Adv.
Mr. Ranjeet Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(VINOD LAKHINA) (ASHA SONI)
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]