MADHU SUDAN MOHANTY Vs. REPUBLIC OF INDIA (CBI)

JUDGEMENT

(1.) This is an application under Section 439 of the Cr.P.C. filed by the petitioner, who happens to be the publisher of Oriya newspaper, namely "Orissa Bhaskar" and the Chief Executive of J P Constructions Pvt. Ltd. The petitioner has been arrested by the C.B.I. in connection with his role in the Chit Fund Scam and his involvement in Artha Tatwa Infra India Limited (in short "AT Group'), which was headed by accused Pradip Kumar Sethy.

(2.) The investigation of the case was taken over by the C.B.I. as per the direction of the Hon'ble Supreme Court in the case of Subrata Chhotraj v. Union of India and others, 2014 8 SCC 768, where the Hon'ble Supreme Court taking into consideration the magnitude of the Chit Fund Scam has directed that with respect to Odisha State, the CBI shall investigate the larger conspiracy into the affairs of the 44 companies and also track the money trail. The Supreme Court has held that the investigation into the scam is not confined to those directly involved in the affairs of the companies but may extend to several others, who need to be questioned about their role in the sequence and unfolding of events that has caused ripples in several fronts.

(3.) Mr. Y. Das, learned Senior Advocate appearing for the petitioner in course of hearing elaborately argued in the matter. According to him, the petitioner being the owner of Orissa Bhaskar has done different advertisements of the AT group and in connection with such publication in the newspaper, money has been given to the petitioner between 2009 and 2012 and, as such, being the publisher of the newspaper, the petitioner has received cheques of Rs. 57,75,025/- although there were bills against AT Group for Rs. 60,78,500/-. He further submitted that though the petitioner was arrested on 14.09.2014 and the Central Bureau of Investigation (C.B.I.) has taken him on remand, no document could be seized either from his residence or from the office of the present petitioner. It is submitted by the learned Senior Advocate that there is no prima facie case to hold that the petitioner was involved with the criminal conspiracy with accused Pradip Sethy. In his elaborate argument, learned Senior Advocate also files several documents including the income Tax Returns, which is filed after being audited, and states that the money has been received by the petitioner as the Managing Director of Tilak Raj Publications Pvt. Ltd. does not show that he has committed any conspiracy and has been wrongly implicated in this case. Further, he states that there is no apprehension of fleeing from justice or tampering with the evidence. Hence, it is submitted that he should have been released on bail.