SRI DEBA @ DEBENDRA RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner is an accused in T.R. Case No. 7 of 1991 pending HI the Court of learned Special Judge (Vigilance), Bhubaneswar involving offence under Section 13(2) read With 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 420/468/471 of the I.P.C.

(2.) THE Petitioner was arrested by the I.O. on 23.03.1990 and was released on bail. Charge sheet was submitted in the case on 26.03.1990. Thereafter summons and processes were issued but the Petitioner intentionally avoided to appear in this case. N.B.W. was issued and ultimately process under Sections 82 and 83 of Code of Criminal Procedure were issued several times. The Petitioner remained absconder and remained away from India most of the period and hence he could not be appeared Ultimately after his return to India he was arrested. His prayer for bail was rejected by the Special Judge (Vigilance), Bhubaneswar and hence he has approached this Court.

(3.) SRI D.K. Mohapatra learned Counsel appearing on behalf of the Vigilance Department has vehemently resisted the prayer for bail and has submitted that there is no chance of apprehension of the accused once he is granted bail since he will intentionally remained out side India. He has further submitted that the Petitioner has wilfully defaulted for about 18 years for which the case could not be concluded and that the Vigilance Department would make all efforts to conclude of the trial within two months.