MADAN MOHAN BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE facts giving rise to this proceeding are as follows:

(2.) ONE Madan Mohan Behera petitioner had filed BLAPL No. 18400 of 2011 before this Court under Section 438 CrPC apprehending his arrest in connection with Khuntuni P.S. Case No.95 of 2011 corresponding to C.T. No.431 of 2011 pending in the Court of learned S.D.J.M., Athagarh for alleged commission of offence under Sections 407/408/420/34 IPC and the said bail application was disposed of by this Court on 14.9.2011 with the observation that this Court was not inclined to grant anticipatory bail to the petitioner. However, this Court directed him to surrender before the learned S.D.J.M., Athagarh and move an application for bail in the aforesaid case and in such event, the learned S.D.J.M. shall release him on bail on such terms and conditions as he may deem fit and proper. In pursuance of the said direction, he surrendered before the learned S.D.J.M., Athagarh on 19.9.2011 and on the same day he was released on bail by the learned S.D.J.M. on furnishing bail of Rs.15,000 with two solvent sureties each for the like amount with the following conditions:

(3.) CONSIDERING the above position, this Court is of the view that the conduct of Mr. Jalaindhar Jally, IIC, Khuntuni Police Station makes it clear that his action is in disregard to the Court's order. Therefore, this Court holds him guilty, as at the first instance he had not offered unconditional apology and apology offered by him in his second affidavit is not genuine, as "justification" and "apology" cannot go together. That apart, he has stated that he might have committed some error during investigation. An apology is not a weapon to purge the guilt; it is merely meant to serve as an evidence of real contrition.