Orissa High Court
Sibanarayan Nayak vs State Of Odisha .... Opp. Party on 2 August, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5805 of 2023
Sibanarayan Nayak .... Petitioner
Mr. Rabi Narayan Behera, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. M. K. Mohanty, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 02.08.2023
02. 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 anticipation of arrest for his alleged involvement in the offence U/s.420/467/468/471 of IPC in connection with Dhenkanal Town PS Case No.372 of 2023 corresponding to GR Case No.799 of 2023 pending in the court of learned SDJM, Dhenkanal.
3. It is submitted by learned counsel for the Petitioner that on the direction issued by the Zone Officer, the Petitioner prepared the voucher wherein he has mentioned Sagar Munda to be the vendor in respect to the Registered Sale Deed bearing No.204 executed in favour of Gobinda Munda and accordingly, the said Gobinda Munda was awarded with the compensation money.
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4. Mr. Mohanty, learned counsel appearing on behalf of the Informant submitted that the aforesaid Amin is in derogation of his duty and there is no such Sale Deed executed in favour of the Gobinda Munda and on the basis of the voucher prepared by the present Petitioner and the reports submitted by the R.I., the Zone Officer together conspired and awarded the compensation money in favour of Gobinda Munda instead of its real owner.
5. On perusal of the case record, it reveals that no field enquiry has been conducted by the Amin before preparing voucher, he also did not ascertain the facts as to the sale of the land from its vendor. Utmost caution ought to have been taken at the time of awarding the compensation since ROR stood in the name of the Sagar Munda and others before such voucher was prepared on the basis of the alleged Sale Deed executed in favour of Gobinda Munda which was incumbent upon the Amin to R.I. or the Zone Officer to ascertain the authenticity of such Sale Deed.
6. Be that as it may, the Petitioner being in the last rung of the hierarchy, the matter in issue could have been rectified at the level of the R.I. of the Zone Office, which did not happen for which the money was disbursed in favour of Gobinda Munda, though was freezed subsequently on the basis of the allegation made by the Informant. The Petitioner being the Government official has no chance of fleeing from jurisdiction whereas the matter in issue requires thorough investigation.
7. Regard being had to the facts and submissions made, especially the ground, it is directed that in the event of arrest, the Petitioner Page 2 of 3 // 3 // be released on bail by the Arresting Officer in such terms and condition as deem just and proper in connection with Dhenkanal Town PS Case No.372 of 2023 corresponding to GR Case No.799 of 2023 pending in the court of learned SDJM, Dhenkanal subject to condition that he shall cooperate with the investigation and procure documents as would be required for investigation. In case, there is no arrest within three weeks hence, in the very next week after expiry of said period, the Petitioner shall surrender before the concerned Court and move for bail in which event the court in seisin over the matter shall admit the Petitioner to bail in such terms and condition as deem just and proper.
8. The ABLAPL is accordingly disposed of.
(Chittaranjan Dash) Judge AKPradhan Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: SR. STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 03-Aug-2023 15:24:53 Page 3 of 3