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Showing contexts for: BLAPL in Deepak Gupta vs State Of Orissa Vig. on 28 March, 2016Matching Fragments
(d) of the Prevention of Corruption Act, 1988.
Even though at the time of moving the first bail application of the petitioner i.e., BLAPL No.25588 of 2013, contentions were raised regarding submission of charge sheet and release of the co-accused i.e. one of the erstwhile lessees on bail but the bail application was rejected on 29.01.2014 by Hon'ble Mr. Justice D. Dash on the following grounds:-
"11. Considering the nature of offence, its magnitude and ramification as alleged, materials available on record, and keeping in mind the principle of law laid down by the Hon'ble Apex Court and in the light of discussions made above, I am not inclined to accept the prayer for bail of the petitioner.
The BLAPL is dismissed."
On 24.6.2014 supplementary/final charge sheet was submitted against four more accused persons under section 13(2) read with section 13(1) (c) (d) of the Prevention and Corruption Act and sections 420, 379, 468, 409, 411 read with section 120-B of the Indian Penal Code.
The second bail application of the petitioner i.e., BLAPL No.7277 of 2014 was moved, inter alia, on the ground that the petitioner was not concerned with any forgery or criminal breach of trust or cheating of any kind and was not in conspiracy with anyone. Further grounds were taken that the petitioner on good faith accepted the words of B.K. Mohanty that the renewal is to be granted as a matter of course and accordingly started the mining operation. Reliance was placed by the petitioner in the case of Sanjay Chandra -Vrs.- C.B.I. reported in (2012) 51 Orissa Criminal Reports (SC) 128 and contentions were raised that in view of number of witnesses and voluminous documents, the culmination of the trial cannot be expected at an earliest. The bail application was rejected on 14.11.2014 by Hon'ble Mr. Justice D. Dash on the following grounds:-
Therefore, regard being had to the law laid down and the facts and submissions, more particularly the nature of accusations, seriousness of the offences, the role of this petitioner and also the quantum of punishment, I am not inclined to release the petitioner on bail and as such the prayer for bail stands rejected.
The BLAPL is accordingly disposed of."
The petitioner filed the present bail application (BLAPL No.854 of 2015) before this Court on 12.2.2015 and while the matter was pending before this Court, the petitioner approached the Hon'ble Supreme Court of India against the rejection of the second bail application in BLAPL No.7277 of 2014 vide order dated 14.11.2014 in Special Leave to Appeal (Criminal) CRLMP No.237 of 2016 which was disposed of on 15.1.2016 with the following order:-
6. There is no dispute that the first bail application of the petitioner was rejected in BLAPL No.25588 of 2013 vide order dated 29.01.2014 after submission of the first charge sheet dated 31.12.2013. Similarly the second bail application of the petitioner was rejected in BLAPL No.7277 of 2014 vide order dated 14.11.2014 which is after the submission of the supplementary/final charge sheet dated 24.06.2014.
On perusal of both the rejection orders, it appears that most of the grounds taken in this bail application were taken earlier and my learned brother Hon'ble Mr. Justice D. Dash elaborately dealt with all those points raised on behalf of the petitioner and has been pleased to observe regarding existence of prima facie case against the petitioner and also considering the nature of offence, its magnitude, possibility of absconding and tampering with the evidence has been pleased to reject the bail applications.