Hari Charan Gupta vs. State Of Odisha(Vig.)

ORDER 25.11.2022

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beyond the granted leasehold area of co-accused, B.K. Mohanty i.e. inside revoked mining lease area of Jagadish Mishra and the reserve forest. He submitted that there is no such specific allegation against this Petitioner and he being the father of that Deepak is one of the Directors of M/s. Deepak and Power Limited with his wife Kanta Devi and daughter-in-law, Nitu Gupta they have been arraigned as accused persons as such; when the entire allegations are against that accused-Deepak that he in connivance with the Officials of Mining, Forest and Revenue Department of the State caused huge loss to the public exchequer. Inviting the attention to the charge-sheet, he submitted that thereunder nowhere it is said that this Petitioner had played any direct role and had the hand in carrying out any such illegal mining activity and it has been stated that accused-Deepak having done illegal mining in the area, the same had been identified by him and it is he who has stated to have been filing all those false returns. He submitted that all though it is said that the Petitioner being one of the Directors of the Company was associated from beginning, no such connecting material has been shown. He further submitted that here for all these activities, the prosecution clearly says that it is accused- Deepak who did everything and merely to arraign this Petitioner, it is stated that he also indulged in illegal theft of iron ore. He further submitted that as because this Petitioner is a witness to the said power of attorney taken from accused-B.K. Mohanty in appointing accused-Deepak as his agent, for the purpose inference has been drawn as regards the involvement of the Petitioner, but at the same time, it is specifically stated in the charge-sheet that the total quantity of iron ore was illegally extracted, consumed and misappropriated by accused-Deepak. It was further submitted that

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in the meantime, accused persons namely, Nitu Gupta and Kanta Devi Gupta who are other Directors of the said Company and the daughter-in-law and wife of the Petitioner respectively having moved in an application under Section-482 Cr.P.C., this Court by order dated 08.10.2021 in CRLMC No.454 of 2021 has quashed the criminal proceeding as against them on the ground that they being Directors no such specific role is said to have been played by them. He further submitted that this Petitioner has never avoided the process of law and the report that he is absconding is false when the fact remains that there entire family are here having their home and hearth. He further submitted that this Petitioner is now in his 70’s and his health condition has been deteriorating day by day and the Petitioner’s ejection fraction of heart is only 15 to 20% as against of the normal person 45 to 50%. In support of the same, he has placed the medical papers which had been filed with an affidavit and taken on record.

In view of all these above, he submitted that at this point of time, likely arrest and detention of this Petitioner, who is an old ailing man of 70 years, when the investigation of the case is complete and all those materials having been collected are in custody of the Court would not serve any useful purpose from the case. He, therefore, urged that this Court may be pleased to direct that the Petitioner upon his surrender before the Court below within a time frame be released on bail on such terms and conditions as deemed just and proper.

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accused namely, Deepak. He submitted that this Petitioner having earlier moved this Court for grant of anticipatory bail and then having withdrawn the same on several occasions, when the Court was not inclined to so grant, the present application with the same prayer is not entertainable, as according to him, there stands no changing circumstance. He further submitted that the materials on record reveal that this Petitioner is one of the Directors with his son namely, Deepak who is the other Director and he was also in- charge of the activities of the Company and the materials having been collected as to his involvement in the economic offences of such significant magnitude, his prayer for grant of anticipatory bail is not entertainable. He however submitted that the investigation of the case is complete and charge-sheet has already been submitted.

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indicated that accused Deepak has confessed to have conducted illegal mining and had led the Vigilance Officials and ORSAC team to the area and identified by making all other arrangements. This Petitioner is said to have made the payments of the electric bills and other such activity and it is alleged that he was associated from the beginning. The proceeding against two Directors who are the wife and daughter-in-law (wife of accused Deepak) whose prayers for grant of anticipatory bail had earlier been rejected has been quashed and the principal accused Deepak who is said to be the master mind is on bail so also other co-accused persons anticipatory bail to this Petitioner; it is directed that in the event, the Petitioner surrenders before the Court in seisin of the case within a period of three weeks hence and moves for his release on bail; he shall be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that he will appear in person before the Trial Court on each date of posting of the case except upon some exceptional circumstance with the permission of the Court; would

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surrender his Passport before the said Court and in case he has not been issued with any such Passport; he shall furnish an affidavit indicating that fact as well as stating his present and permanent address as also contact cell phone number(s) and in case of any change would further intimate the same in the that manner.

Violation of condition(s) shall entail cancellation of bail.

Issue urgent certified copy as per rules.

In the obtained state of affairs, likely arrest and detention of the

(D. Dash),

Judge. Narayan