PRAFULLA CHANDRA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the above applications have been filed under Section 439(1)(b) of the Criminal Procedure Code read with Section 440 of the Code for modification of the order dated 6.4.2000 passed by the learned Special C.J.M. (Vigilance), Bhubaneswar in two cases and for further direction to release the cash security.

(2.) FROM the record it appears that the petitioner is an accused in V.G.R. Case No. 9 of 2003 and V.G.R. Case No. 35 of 2003 pending in the Court of the learned Special C.J.M. (Vigilance), Bhubaneswar. In both the cases the petitioner having been taken to custody had moved this Court for grant of bail vide BLAPL No. 2979 of 2004 and BLAPL No. 2804 of 2004. Both the applications were disposed of on 6.4.2004 directing the learned trial Court to release the petitioner on bail on such terms and conditions as the trial Court may deem just and proper. Pursuant to the aforesaid order passed in both the bail applications by this Court the petitioner was released by the learned Special C.J.M. (Vigilance), Bhubaneswar on 6.4.2004 on the following conditions:

(3.) SHRI . O.K. Mohapatra, learned Standing Counsel for the Vigilance Department opposes prayer on the ground that the petitioner having famished cash security and availed bail cannot now challenge imposition of such condition and referring to Section 440 of the Criminal Procedure Code it was contended by Sri Mohapatra that the High Court can only reduce the amount and cannot set aside the conditions imposed by the learned Special C.J.M. (Vigilance). So far as other conditions with regard to appearance before the I.O. is concerned, Shri. Mohapatra conceded that such a condition was not be required to put by the Court and appearance of the accused before the I.O. once every month shall be sufficient for the purpose of investigation.