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2024 Supreme(Ori) 141
IN THE HIGH COURT OF ORISSA AT CUTTACK
Savitri Ratho, J.
Gouranga Bibhar - Petitioner
Versus
State of Odisha – Opposite Party
BLAPL No. 2344 of 2024
Decided On : 31-08-2024
For the Petitioner:Mr. Prashanta Kumar Nayak, Advocate
For the Opposite Party : Mr. S.S. Mohapatra, A.S.C.
The court emphasized the balance between serious allegations of misappropriation and the necessity for timely investigation, allowing bail with conditions to ensure cooperation and prevent witness tampering.
Headnote:(A) Criminal Procedure Code - Section 439 - Indian Penal Code - Sections 409, 417, 420 - Application for bail in connection with misappropriation of government funds - Previous bail application dismissed - Court finds that despite serious allegations, petitioner has shown willingness to cooperate with investigation and has deposited a significant amount - Petitioner granted bail with conditions (Paras 1-14).
(B) Bail - Principles governing grant and refusal - Factors such as nature of allegations, cooperation with the investigation, and the interests of justice must be balanced - The court emphasizes that an investigation should not remain open indefinitely (Paras 13-14).
Facts of the case:
The petitioner, former Head Assistant and cashier of NAC Kantabanji, is accused of misappropriating Rs.37,42,339/- as per the local fund audit, unable to account for funds received during his tenure.
Findings of Court:
The petitioner is granted bail on terms that include cooperation with the investigation and conditions to prevent interference with witnesses (Paras 13-14).
Issues: The primary issues included assessing the nature of allegations, the rationale for granting bail despite serious charges, and ensuring timely conclusion of investigation.
Ratio Decidendi: The court concludes that despite the serious nature of the allegations, the petitioner has taken steps to rectify the situation, thus warranting bail, provided he adheres to specific conditions designed to ensure the integrity of the ongoing investigation (Paras 13-14).
Result: Petition for bail allowed.
| Table of Content |
|---|
| 1. factual overview of misappropriation allegations. (Para 1 , 4 , 5) |
| 2. court's considerations on ongoing investigation. (Para 6 , 9 , 10) |
| 3. arguments regarding bail grant conditions. (Para 7 , 8) |
| 4. legal standards for bail and investigation compliance. (Para 11 , 12) |
| 5. final decision on bail with conditions. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
Savitri Ratho, J.
This is an application under Section 439 of Cr.P.C. filed in connection with Kantabanji P.S. Case No. 245 of 2023 corresponding to G.R. Case No. 374 of 2023 pending in the court of the learned J.M.F.C., Kantabanji for commission of offence punishable under Section 409 of the I.P.C.
2. The earlier application BLAPL No. 10728 of 2023 filed by the petitioner had been dismissed on 30.11.2023 by this Court granting him liberty to move for bail afresh after completion of investigation.
3. Thereafter, the petitioner has moved the learned Court below for bail and the prayer has been rejected by the learned Addl. Sessions Judge, Kantabanji on 31.01.2024.
4. The prosecution allegation in brief as per the FIR dated 22.08.2023 lodged by the Executive Officer of NAC, Kantabanji is that while the petitioner who was working as Head Assistant and I/C Cashier of NAC Kantabanji, he misappropriated government funds to the tune of Rs.37,42,339/- and the same is reflected in Local Fund Audit Report for the year 2021-22. When the informant joined, the petitioner was unable to give accounts regarding receipt of money and deposit in the official account, so he removed him from his duty. But he was not handing over charge for which charge was taken from him on 19.11.2022.
5. Charge sheet dated 18.12.2023 has been submitted against the petitioner for commission of offence under Sections 417, 420, 409 of the IPC, keeping the case open for further investigation.
6. I have heard Mr. P.K. Nayak, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Additional Standing Counsel and perused the case diary.
7. Mr. Prashanta Kumar Nayak, learned counsel for the petitioner has submitted that on account of COVID-19 pandemic proper account could not be maintained for which it has been shown in the audit that Rs.49,623,520.46 could not be accounted for by the petitioner. The money had been used for different works of the NAC. In order to show his bonafides, the petitioner after obtaining loan from the SBI had deposited Rs.6,06,400/- with the NAC, and during pendency of the case, his brother has taken a hand loan and Rs.5,00,000/- has been deposited in the Court of the learned J.M.F.C., Kantabanji in connection with this case. He has further submitted that the petitioner is in custody since 23.08.2023 and since he is in custody, he is unable to deposit on account for further amount. He submitted that after he is released on bail, he will participate in the disciplinary proceeding which has been initiated against him and account for the amount which he is alleged to have misappropriated, which he is unable to do so as he is in custody. He will co-operate with further investigation.
8. Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State has submitted that in view of the huge quantity of money which has been misappropriated by the petitioner and as further investigation is continuing, he does not deserve to be granted bail.
9. Preliminary chargesheet dated 18.12.2023 had been filed in the case against the petitioner under Sections 417, 420, 409 of IPC keeping investigation open against him. A portion from the brief, facts of the case from the chargesheet is extracted below:
“On investigation it is ascertained that, the accused was appointed as Assistant and now he is promoted to the rank of Head clerk. During the incumbency he was the in-charge of establishment section and also the in charge of Cashier of NAC Kantabanji in the period of 2019-20 and 2021 and was handling of cashier Book, Accountant cash Book, daily collection Register, stock Register etc. everyday collection cash of
