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2025 DAILYLAW 51145 (ORI)

LAXMI NARAYAN SAMAL @ BULU SAMAL v. STATE OF ODISHA (Vig.)

BLAPL/8376/2025 · 2025-09-19

Gourishankar Satapathy

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Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8376 of 2025 Laxmi Narayan Samal @ Bulu Samal … Petitioner Mr. B. Pujari, Advocate -versus- State of Odisha … Opposite Party Mr. S.K. Das, Addl. PP (Vigilance) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 19.09.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Sambalpur Vigilance PS Case No.40 of 2023 arising out of VGR Case No.02 of 2024, pending in the Court of learned Special Judge (Vigilance), Sambalpur, for commission of offences punishable U/S.13(2) r/w Section 13(1)(b) of the PC (Amendment) Act, on the allegation of committing criminal misconduct by amassing property disproportionate to the known source of his income accumulating a sum of Rs.2,15,74,083/- (Rupees Two Crore Fifteen Lakhs Seventy-four Thousand and Eighty-three), which is equivalent to 400% of DA. 3. Heard, Mr. Basudev Pujari, learned counsel for the petitioner and Mr. Sanjay Kumar Das, learned Additional Public Prosecutor (Vigilance) in the matter and perused the record including the written instruction received from the Superintendent of Police, Vigilance, Sambalpur Division, Sambalpur as produced in this case. 4. Admittedly, the petitioner has been taken into custody on 21.07.2025, but till today no charge-sheet has been placed for want of sanction order as revealed from the written instruction, but 60 days having already elapsed as on today, a valuable right has already accrued in favour of the petitioner U/S.187(3)(ii) of BNSS, since the petitioner has been forwarded to the Court U/S.13(1)(b) of the PC (Amendment) Act, 2018 which is punishable U/S.13(2) of the PC (Amendment) Act, 2018 and the punishment prescribed for such offence, shall be not less than four years, but which may extend up to ten years. Further, the IO in his written instruction has clarified that no custodial interrogation is required. 5. In such view of the matter and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusation sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 21.07.2025 with progress in investigation and there being no requirement of custodial interrogation of the petitioner as clarified by the IO in the written instruction, this Court without expressing any view on merit admits the petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.2,00,000/- (Rupees Two Lakhs) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall appear before the IO as and when required and co-operate with the investigation, if required. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer