DEEPAK GUPTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Deepak Gupta who is in judicial custody since 05.09.2013 and facing trial on being charged under section 13(2) read with section 13(1)(c)(d) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') and sections 420, 468, 409, 379, 411 read with section 120-B of the Indian Penal Code in the Court of learned Special Judge (Vigilance), Keonjhar in T.R. Case No. 01 of 2014 (V.G.R. Case No.05 of 2013) which arises out of Balasore Vigilance P.S. Case No. 30 of 2013, has approached this Court for bail for the fifth time after his earlier four unsuccessful attempts before this Court and twice before the Hon'ble Supreme Court.

(2.) The accusation against the petitioner in a nut shell is that he was the Director of M/s. Snehapusph Marketing Private Ltd. as well as of M/s. Deepak Steel and Power Ltd. A registered Power of Attorney was executed on 29.12.2003 by Sri B.K. Mohanty mining lease holder of Uliburu Iron Ore Mines in favour of M/s. Snehapusph Marketing Private Ltd. duly represented by the petitioner for conducting mining operation in the ML area of B.K. Mohanty located at Uliburu village over an area of 56.94 Ha. Another Power of Attorney was also executed by co-accused Sri Jagdish Mishra in favour of M/s. Snehapusph Marketing Private Ltd. duly represented by the petitioner on 17.04.2004 to manage his mines. After becoming the Power of Attorney holder of Sri B.K. Mohanty and getting the Power of Attorney from Sri Jagdish Mishra, the petitioner having full knowledge about the Uliburu iron ore mines area, started excavating iron ore from the lapsed mining lease of Sri Jagdish Mishra which is adjacent to the ML area of Sri B.K. Mohanty and Uliburu reserve forest. During the period from 2004 to 2009, the petitioner stated to have dishonestly and fraudulently misappropriated Rs.1523,59,48,527.48 paisa by conducting illegal mining of iron ore in the lapsed ML area of Sri Jagdish Mishra and Uliburu Reserve Forest by entering into criminal conspiracy with the public servants of Mining Department, Forest Department and Revenue Department and thereby obtained pecuniary advantage to himself and causing equivalent loss to the Government exchequer. Though the petitioner in connivance with other co- accused persons illegally excavated a quantity of 65,25,741.438 MT of iron ore amounting to Rs.1520,39,64,049.60 but they had declared production of only 47,48,826 MT and thus suppressed the production of 17,76,915.438 MT during the period 2004 to 2009. The first charge sheet was submitted on 31.12.2013 and the final charge sheet was submitted on 24.06.2014. The charge against the petitioner in the trial Court was framed on 05.06.2017.

(3.) The last bail application of the petitioner in BLAPL No.926 of 2017 was rejected on 24.08.2017 taking into account that the crime has been committed in a cool, calculated and organized manner causing loss to the tune of more than one thousand five hundred crores to the Government exchequer and that a strong prima facie case is available against the petitioner showing his involvement in the economic offence and further taking into account, inter alia, the severity of punishment in case of conviction and reasonable apprehension of tampering with the evidence. The petitioner approached the Hon'ble Supreme Court against the order dated 24.08.2017 passed by this Court in BLAPL No.926 of 2017 by filing Special Leave to Appeal (Crl.) No.2169 of 2018 and the Special Leave Petition was withdrawn to approach the trial Court for the reason that the petitioner is suffering incarceration for the last five years and accordingly, the Special Leave Petition was dismissed as withdrawn on 10.07.2018. The petitioner then moved the learned trial Court for bail which was rejected on 03.12.2018.