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2015 Supreme(Ori) 561
IN THE HIGH COURT OF ORISSA: CUTTACK
S.K. SAHOO, J.
BLAPL NO. 2600 OF 2015
(Date of Judgment : 14.08.2015)
An application under Section 439 of the Code of Criminal Procedure.
Rama Chandra Hansdah … Petitioner
Versus
Republic of India (C.B.I) … Opp. Party
For Petitioner:M/s. Binaya Kumar Mohanty,Jaganath Sahu
For Opp. party :Mr. V.Narasingh (For C.B.I)
For Intervener :Mr. Sidhartha Prasad Das-A
Headnote:1. CRIMINAL PROCEDURE CODE, 1973 - Sec. 439 - Bail - Offence u/s. 120-B, 420 and 409 of I.P.C. and Secs. 4, 5 and 6 of Prize Chit and Money Circulation Schemes (Banning) Act, 1978 - Petitioner a Key person in the management of Navadiganta Groups of Companies - Business of Company flourished under the active patronage of the petitioner - Taking advantage of his position in the society and political back ground, petitioner involved in Deep Routed conspiracy in misappropriation of huge amount of public money - Investigation under progress to unearth further evidence of criminal conspiracy and money trailing - Apprehension of tampering of evidence - Bail petition rejected. (Para - 17 )
2. FIRST INFORMATION REPORT - F.I.R. is not a encyclopaedia of the entire prosecution case - Petitioner though not named in the F.I.R., found to have played key role in the unauthorised and illegal collection of money - Charge sheeted. (Para - 16)
3. PARITY & EQUITY - Bail granted on the totality of the facts and circumstances of a case - Principle of granting bail - Parity cannot be allowed to be carried on to cause illogical conclusion so as to put a Judge in a tight and straight jacket formula to grant bail automatically. (Para - 15)
4. PRIZE CHITS AND MONEY CIRCULATION SCHEME (BANNING) ACT, 1978 - Secs. 4, 5 and 6 - Penalty prescribed - No person or Company shall promote or conduct any prize chit or money circulation scheme or contravene any of the provisions of the Act (Para -1)
JUDGMENT
S.K.SAHOO, J. - “Power tends to corrupt, and absolute power corrupts absolutely.”
- John Acton
The petitioner Rama Chandra Hansdah who is an elected member to the 16th Lok Sabha in 2014 from Mayurbhanj Constituency in Odisha has filed this application under Section 439 Cr.P.C. seeking for bail in connection with RC. 50/S/2014-SCB/Kol. dated 26.6.2014 corresponding to SPE Case No.45 of 2014 pending in the Court of learned Special C.J.M., CBI, Bhubaneswar in which charge sheet has been submitted on 19.02.2015 under Section 120-B, 409 and 420 of Indian Penal Code and Sections 4, 5 and 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
The petitioner was taken into custody on 4.11.2014 and he was forwarded to Court on 5.11.2014 and he moved an application for bail before the learned Sessions Judge, Khurda at Bhubaneswar in Bail Application No.589 of 2014 which was rejected vide order dated 13.5.2015.
2. It reveals from the charge sheet that initially the case was registered at Nayapalli Police Station, Bhubaneswar on 27.05.2014 on the basis of First Information Report lodged by one Binaya Bhusan Das, son of Balaram Das, village-Pritipur, P.S.-Binjharpur, Dist-Jajpur before the Inspector-in-charge, Nayapalli Police Station vide Nayapalli P.S. Case No.146 of 2014 under Section 420 of Indian Penal Code and Sections 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 against five accused persons, namely, Anjan Baliarsingh,Pradeep Pattnayak, Kartika Parida, Bijaya Barala and Hemanta Sahu. It is alleged in the FIR that the informant was allured by the false promises made by those five accused persons who are the Directors of Nava Diganta Capital Services Limited, Bhubaneswar to return double the invested money on completion of one year in the event of deposit of money in their Company and by trusting them, the informant deposited a sum of Rs.60,000/- in the said company and was issued with a bond by the Company in that regard. On the completion of the maturity period of the bond, the Company did not return his money even after repeated contact with the accused persons. It is further stated in the FIR that the accused persons closed their office at Bhubaneswar and their mobile phones were also found to be switched off. It is stated that the Company and its Directors have cheated more than five crores from the informant and other depositors by making false promises.
3. The Hon’ble Supreme Court of India vide order dated 9.5.2014 passed in Writ Petition (Civil) No.401 of 2013 filed by Sri Subrata Chattoraj and Writ Petition (Civil) No.413 of 2013 filed by Alok Jena directed transfer of the investigation of the Chit Fund Scam cases, registered in different police stations in the State of West Bengal and Odisha, from the State Police Agency to the Central Bureau of Investigation (CBI). So far as the State of Odisha is concerned, the Hon’ble Supreme Court directed transfer of investigation of all cases registered against 44 companies mentioned in the order dated 26.03.2013 passed in Writ Petition (Civil) No.413 of 2013.
In compliance of the order of the Hon’ble Supreme Court of India, RC. 50/S/2014-Kol. dated 26.06.2014 was registered, as one of the 44 companies was Nava Diganta Capital Service Ltd., Bhubaneswar and accordingly F.I.R. in Nayapalli P.S. Case No.146 dated 27.05.2014 was treated as the original FIR in RC. 50/S/2014-Kol. which was registered by Superintendent of Police, CBI, SPE, SIT/SCB, Kolkata against Anjan Baliarsingh, Pradeep Pattnayak, Kartik Parida, Bijaya Baral and Hemant Sahoo under Section 420 of Indian Penal Code and Sections 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and the case was entrusted to Sri S.K. Samal, Inspector of Police, CBI, SPE, SCB, SIT, Kolkata for investigation.
4. Investigation revealed that the petitioner along with co-accused persons floated four numbers of Companies namely Nava Diganta Capital Services Ltd., Nava Diganta Prope
