IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Bishnupada Sethi – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. petition seeking pre-arrest bail based on corruption allegations. (Para 2 , 3 , 4) |
| 2. arguments for and against the bail application. (Para 5 , 6 , 12) |
| 3. court's duty to interpret legal principles and prior judgments. (Para 10 , 11 , 15) |
| 4. insights on testimonial compulsion and definitions of an accused. (Para 14 , 20 , 23 , 26) |
| 5. final ruling on the anticipatory bail application. (Para 30 , 31) |
Judgment :
V. Narasingh, J.
1. Heard Mr. D. Panda, learned counsel for the Petitioner and Mr. S. Nayak, learned Special Public Prosecutor for the CBI.
2. The Petitioner is seeking pre-arrest bail in connection with R.C. Case No.17(A) of 2024 pending in the Court of learned Special Judge CBI-I, Bhubaneswar arising out of RC21720240017 of CBI, AC-II, New Delhi for commission of offence punishable under Section 7 read with Sections 8 /9/10 of the Prevention of Corruption Act, 1988 (as amended in 2018) and Section 61 (2) of the BNS .
3. The allegation against the present Petitioner is that the Petitioner had played pivotal role in the named accused Chanchal Kumar Mukherjee, Group General Manager, Bridge & Roof Co. Ltd. demanding and obtaining a sum of Rs.10 lakhs from one Santosh
State of West Bengal vrs. Swapan Kumar Guha
Dukhishyam Benupani vrs. Arun Kumar Bajoria
Islamic Academy of Education and another vrs. State of Karnataka and others
Selvi and others vrs. State of Karnataka
Tofan Singh vrs. State of T.N.
Devinder Kumar Bansal vs. The State of Punjab
P. Chidambaram vs. Directorate of Enforcement
R.M. Malkani vs. State of Maharashtra
State of Bombay vrs. Kathi Kalu Oghad
Mohammed Dastagir vrs. The State of Madras
Veera Ibrahim vrs. The State of Maharashtra
Directorate of Enforcement vrs. Ashok Kumar Jain
Anticipatory bail is not a matter of right and should be denied in corruption cases where substantial evidence exists, to prevent interference with the investigation.
Anticipatory bail may be granted in exceptional circumstances, balancing individual liberty against the integrity of the investigation, particularly when the alleged offences do not exceed seven year....
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.