LAXMIKANTA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Misc. case has been filed with a prayer to modify the order dated 4.10.2004 passed in BLAPL No. 7685/2004 to the extent of keeping the said order in force till submission of the final form with all other conditions remaining unaltered.

(2.) IN the above said BLAPL No. 7685 of 2004 the petition under Section 438 Code of Criminal Procedure filed by the Petitioner was allowed wherein it was ordered that in case of arrest of the Petitioner in Vigilance P.S. Case No. 32 of 2004 corresponding to Cuttack Vigilance file No. 49 of 2003 the Petitioner shall be released on bail of Rs. 15,000/ - with one surety solvent for the like amount to the satisfaction of the officer effecting arrest on condition that he shall co -operate the investigating agency as and when required. It was further ordered that this order shall remain in force for a period of one month and in the meantime the Petitioner may apply for regular bail in proper forum.

(3.) IN the notification No. 622/A dated 10th October, 2001, this Court in exercise of the powers conferred under Sub -section (3) of Section 11 of the Code of Criminal Procedure 1973 (Act II of 1974) conferred upon the C.J.M. in the district of Cuttack the power of a Judicial Magistrate of the first class under the said code in respect of cases instituted and investigated by the State Vigilance Branch for the districts of Jagatsinghpur, Jajpur, Kendrapara, Dhenkanal and Angul. The occurrence in the aforesaid Vigilance case having been taken place in Angul District, the C.J.M., Cuttack is the Judicial Magistrate first class in respect of that case.