BIMAL LOCHAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. S. N. Mohapatra, learned Counsel for the petitioner and Mr. D. K. Mohapatra, learned Counsel for the Vigilance Department.

(2.) THIS application has been filed by the petitioner for grant of anticipatory bail under Section 438, Cr.P.C.

(3.) THE petitioner has stated that after passing of the above order, on 3.11.2005, the Superintendent of Police Vigilance Cell, Cuttack informed the petitioner to make himself available on 9.11.2005 at 3.00 P.M. in Vigilance Unit Office, Bhubaneswar. Accordingly, the petitioner alongwith his counsel appeared on the said date and was examined and interrogated and the Investigating Officer informed him that neither his arrest nor grant of bail was necessary. As, in the meantime, the S.P., Vigilance Cell Cuttack wrote a letter to the Bank, seeking sanction for prosecution of certain Bank officials as per Balasore Vigilance P.S. Case No. 35 of 2005, the petitioner being apprehensive that a charge sheet was contemplated to be filed not only against him, but also his seriously ailing wife and his two sons, who, according to him, are in no way connected to the transactions of the Bank though they are the Directors of M/s. Ambika Hotel and Estates Private Ltd. which was a loanee of the Bank, has filed the present application for grant of anticipatory bail.