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2016 DIGILAW 880 (ORI)

BISWANATH MOHANTY v. STATE OF ODISHA

2016-09-27

S.K.MISHRA

body2016
JUDGMENT : S.K. Mishra, J. - Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the Vigilance Department. 2. The petitioner is apprehending arrest for the alleged commission of offence under Section 7 of the Prevention of Corruption Act in V.G.R. Case No. 80/2016 of the Court of learned Special Judge, Vigilance, Cuttack, arising out of Cuttack, Vigilance P.S Case No. 48/2016. 3. It is apparent from the records that the petitioner is working as a Assistant Fire Officer, Jagatsinghpur. The informant-Sachidananda Das was in need of a fire clearance certificate from the fire brigadier, Jagatsinghpur for which he approached the petitioner, who in turn demanded money. It was agreed that the complainant shall pay Rs. 3,000/- to the petitioner. 4. In the meantime, the informant communicated the vigilance department and the vigilance department arranged trap to catch the petitioner while taking bribe from the informant. 5. The trap party proceeded to the office of the petitioner. He was working in the 1st floor. The complainant and his nephew went to the petitioner He asked whether money has been brought by the complainant or not The complainant stated that he has brought the money. The petitioner directed him to put tainted bribe money on the table. Thereafter, the petitioner kept a file on top of it. Then as per the direction of this petitioner, one fire man-Sudhanshu Sekhar Swain, who was doing official work on a separate table in the same office picked the file with the tainted money. However, it is stated that before the trap laying officer could apprehend the petitioner, he gave him a slip. However, the file and the table of the petitioner, where he was working in his office were washed with sodium carbonate solution and it turned pink. The hand wash of Sudhanshu Sekhar Swain also turned pink. The learned counsel for the petitioner very elaborately argued the case and submitted that no prima facie case made out against the petitioner. However, this Court is of the opinion that from the materials on record, a prima facie case under Section 7 of the P.C. Act is well made out. Moreover in this case, the petitioner managed to escape from the clutches of the raiding party to avoid arrest and fled away from the office, so that the vigilance sleuths could not catch him. Moreover in this case, the petitioner managed to escape from the clutches of the raiding party to avoid arrest and fled away from the office, so that the vigilance sleuths could not catch him. This Court is of the opinion that there is very possibility of the petitioner absconding from justice. 6. Keeping in view the aforesaid consideration and the greater and larger interest of the State and Society, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the ABLAPL is rejected. The interim order dated 07 09 2016, which was extended from time to time stands vacated. 7. A free copy of this order be handed over to Sri Niranjan Moharana learned Addl. Standing Counsel. 8. Urgent certified copy of this order be granted as per rules. A.K. Sikri and A.M. Sapre, JJ. Petition for Special Leave to Applied (Crl.) No. 8623/2016