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Orissa High Court

Sanmat Kumar Choudhury vs State Of Odisha (Vig) .... Opp. Party on 27 March, 2023

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     ABLAPL No.1502 of 2023

                  Sanmat Kumar Choudhury         ....            Petitioner
                                       Mr. H. S. Mishra, Senior Advocate

                                              -versus-
                  State of Odisha (VIG)                  ....              Opp. Party
                             Mr. M. S. Rizvi, ASC for the Vigilance Department

                           CORAM:
                           JUSTICE CHITTARANJAN DASH

                                               ORDER

Order No. 27.03.2023

03. 1. Heard learned counsel for the Petitioner and the State.

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

3. It is found from the case record that present Petitioner is the son of the principal accused through the first wife. The father of the Petitioner is working as Senior G.M. of TPSODL. As per the allegation, the Petitioner has accumulated 111% of Disproportionate Assets more than his known source of income. The daughter of the Petitioner is working in Infosys from 2016 as Software Engineer and that has not been taken into account while calculating the disproportionate assets. The principal accused has already been arrested.

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4. Keeping in view the fact and circumstances, while this court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Berhampur Vigilance PS Case No.02 of 2023 corresponding to GR(V) Case No.02 of 2023(V) pending in the court of the learned Special Judge (Vigilance), Berhampur within a period of three weeks hence and he shall be released on such terms and conditions as would be deemed just and proper by the said court with the following further conditions:-

(i) The Petitioner shall appear before the I.O. on 5th of April and to take further instructions and shall cooperate with the investigation as and when required;
(ii) he shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial;
(iii) violation of any of the conditions shall entail cancellation of bail.

5. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge AKPradhan Page 2 of 2