Orissa High Court
Susanta Kumar Samantray And vs State Of Odisha (Vig.) Opp. Party on 29 March, 2023
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1483 of 2023
Susanta Kumar Samantray and .... Petitioners
another
Mr. H.K. Mund, Advocate
-Versus -
State of Odisha (Vig.) Opp. Party
.... Mr. N. Moharana,
Standing Counsel
(Vigilance) Department.
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
29.03.2023
Order No.
1.
1. This matter is taken up through hybrid mode.
2. It appears that by order dated 24.01.2022 passed by this Court in ABLAPL No. 16694 of 2021 and ABLAPL No. 16666 of 2021, this Court granted anticipatory bail to the petitioners by observing that in the event of their arrest they shall be released on bail and shall appear before the Investigating Officer on receipt of written notice and cooperate with the investigation. No attempt was made to arrest them during investigation. It is mentioned in the charge sheet that both the petitioners have been bailed out by the Court. After taking cognizance, the matter was posted for appearance of the accused persons. The petitioners appeared pursuant to such order but were surprisingly remanded to custody despite furnishing the copy of the anticipatory bail order passed by this Court by holding that even though this Court granted anticipatory bail to them, they did not appear before the I.O. nor cooperated in the Page 1 of 2 investigation and that they were alleged to have committed huge amount of misappropriation by falsification of accounts etc. It further appears that against such remand the petitioners have approached this Court in BLAPL No. 3160 of 2023 which is to be considered by the assigned Bench.
3. In such view of the matter, it would be proper if the present application is also heard by the Bench hearing the regular bail application. Since this Court, prima facie, finds that the petitioners were remanded to custody despite order of anticipatory bail passed by this Court, there is urgency in considering their bail application.
4. Registry is therefore directed to list this matter along with BLAPL No.3160 of 2023 before the assigned Bench as early as possible with kind permission of Hon'ble the Chief Justice.
(Sashikanta Mishra) Judge BC Tudu Page 2 of 2