IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 584 of 2024
Smiti Sarita Mohapatra …. Petitioner
Mr. L.Mishra,
Advocate
-Versus -
State of Odisha(VIG.) Opposite Party
….
Additional Standing Counsel(VIG.)
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
31.01.2024
1. This matter is taken up through hybrid mode.
Order No.
01.
2. Heard learned counsel for the petitioner and learned Addl.
Standing counsel for the State.
3. The petitioner is apprehending arrest in connection with
Bhubaneswar Vigilance P.S. Case No. 38 of 2023 pending before
st
the learned 1 Additional District Judge, Special Judge(Vigilance),
Bhubaneswar in V.G.R. Case No. 43 of 2023 for the alleged
commission of offence under Sections 13(2) R/W 13(1)(b)/12 of
P.C. Act.
4. The petitioner is the wife of the principal accused in vigilance
case registered for commission of offence under Section 13(2) read
with Section 13(1)(b)/12 of the Prevention of Corruption Act. The
allegation is that her husband had amassed wealth grossly
disproportionate to his known sources of income. The petitioner is
said to have abetted the offence committed by her husband. In
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course of hearing, Mr. Rizvi, learned Additional Standing counsel
for Vigilance while opposing the prayer for bail fairly submits that
custodial interrogation of the petitioner is not necessary however,
she has to co-operate in the investigation which is under progress.
5. Having regard to the submissions as above and the materials
on record, I am not inclined to grant anticipatory bail to the
petitioner. The ABLAPL is however, disposed of granting liberty to
the petitioner to surrender before the court below within two weeks
from the date of receipt of certified copy of this order and to move
for bail. In such event, she shall be released on bail on such terms
and conditions as the Court below may deem fit and proper to
impose including the condition that she shall render full
cooperation to the investigation as and when required by the I.O.
6. The ABLAPL is accordingly disposed of.
7. Issue urgent certified copy as per rules.
(Sashikanta Mishra)
Judge
deepak
Signature Not Verified
Digitally Signed
Signed by: DEEPAK PARIDA
Reason: Authentication
Location: OHC,Cuttack
Date: 01-Feb-2024 12:28:13
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