JUDGMENT

M. Papanna. J.- Criminal Misc. Cases Nos. 6133/2001, 6134/2001 and 7016/2001 initiated on the applications under Section 438. Cr.P.C. put in by petitioners, namely.

Kaminikanta Patnaik. Smt. Suprita Patnaik, Pramod Kumar Sahoo, Pradipta Kumar Nayak, Dinabandhu Pani and Satyabrata Das, respectively seeking, pre-arrest bail in connection with Sahidnagar P.S. Case No. 243/ 2001 corresponding to G.R. Case No. 2343/2001 under Sections 465. 468, 477-A 420 and 420-B/34. I.P.C. now sub-judice before the learned S.D.J.M., Bhubaneswar are being disposed of by this common order though heard separately.

2. At Bhubaneswar there is a private Engineering College by name Orissa Engineering College where petitioner Kaminikanta Patnaik happens to be its President and Director of Admissions whereas petitioners Smt. Suprita Patnaik, Pradipta Kumar Nayak, Dinabandhu Pani and Satya brata Das happen to be the Addl. Administrative Officer, Legal Assistant. Accountant Senior Assistant and admission-in-charge respectively who in collusion with each other are alleged to have committed certain illegal actions such as seat blocking illegal admission of students in the College by infringement of rules of admission and admitting the students securing less than 60% of aggregate marks thereby committing fraud and forgery by manipulation and interpolation of documents in connection with which Shri L.N. Behera. Deputy Superintendent of Police C.I.D. Orissa Cuttack conducted an enquiry and submitted his report to the effect that during the academic session 20002001 there was much discrepancy and hobnobbing of things in the admission of students in the aforesaid College and that one Amit Kumar Pradhan who had rank No. 13703 was sponsored by the Joint Entrance Examination (for short "J.E.E.") during counseling to take admission in Civil Engineering in a payment seats but he was admitted in T /C and Electronics Engineering without the knowledge of the Chairman. J.E.E., D.T.E. and T as well as the Government and a candidate Asamajasya Mohapatra by name was admitted in the College in lieu of nonresident Indian (for short "N.R.I.") from open market and that a candidate Sudeep by name was admitted from open market though he was not sponsored by J.E.E. and that in Electronics and Telecommunication the J.E.E. had sponsored 86 candidates for the academic session 2000 during counseling but the Director. KaminiKanta Patnaik admitted 81 students out of 86 by dropping 5 candidates from the J.E.E. panel thereby admitting 4 N.R.I. students from the open market in their places beyond J.E.E. panel. No relevant document including transfer certificates could be produced by Orissa Engineering College as regards non-admission of five candidates sponsored by the J.E.E. The Director also admitted on Amit Kumar Pradhan in Electronics Engineering branch though he was already admitted in Civil Engineering during counseling by J.E.E. as per his own option. As against in-take capacity 90 in Computer science Engineering 86 candidates were sponsored by the J.E.E. but as per-the role sheet given by the Director of O.E.C., it was found that only three seats were reserved as per the orders of this Court. Practically the Director admitted 85 students including four N.R.Is., In lieu of N.R.I. (not sponsored by J.E.E.) and three other candidates namely, Smrutiranjan Sahoo, Biswajit Mishra and Bijaya Kumar Pani, who are not sponsored by the J.E.E. during counseling thereby creating excess against in-take capacity. During the academic session 2000 altogether ten J.E.E. sponsored candidates in different branches did not take admission. They have individually filed affidavits mentioning their problems for not taking admission. They were asked to leave the payment seats and thereby paving way for the management to earn huge amount of money by giving these seats to non J.E.E. candidates later on. The draft amount of Rs. 25.000/- against the payment seats deposited by these candidates during admi