SUDHAKAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard.

(2.) This is the second application of the petitioner for bail under Section 438 of the Code of Criminal Procedure, 1973 (in short, 'the Code'). Petitioner is an accused in G.R. Case No. 586 of 1997 of the Court of S.D.J.M., Dhenkanal arising out of Dhenkanal P. S. Case No. 167 of 1997. He was working in the Collectorate, Dhenkanal and as stated, retired as Office Superintendent-cum-Nazir. Learned counsel for the petitioner states that on his retirement petitioner was given full retirement benefit and he possesses a sound service record. After his retirement, the office was auditted and in the audit report it has been shown regarding defalcation and misappropriation of huge amount along with the allegation of forgery etc. Learned counsel for the petitioner further states that there is not an iota of evidence to connect the petitioner with the alleged crime and that as per the audit report some other officials are involved. He thus prays that petitioner may be granted anticipatory bail.

(3.) In Criminal Misc. Case No. 4939 of 1997 vide order dated 10-2-1998 this Court while rejecting the prayer for anticipatory bail on the prayer of the petitioner had observed that in the event of surrendering in the Court of S.D.J.M., Dhenkanal on 16-2-1998 his bail applications would be disposed by the Courts below during the course of the day. Learned counsel for the petitioner states that because of ill health petitioner could not surrender on that date and some facts which were not placed at that time are now placed to reconsider the prayer for anticipatory bail. In that connection, petitioner draws attention of the Court to the statement in paragraph 5 of the additional affidavit filed today that petitioner has done extensive research work in the field of astrology and he is an internationally recognised figure. In other words, it is stated by learned counsel for the petitioner that keeping in view petitioner's stature and status, his prayer for anticipatory bail may be favourably considered.