PHANENDRA KUMAR GEDDAM Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The petitioner Phanendra Kumar Geddam who is an accused in R.C. Case No. 32(S) of 2014 corresponding to SPE Case No. 27 of 2014 pending on the file of Special C.J.M. (C.B.I.), Bhubaneswar for offences punishable under sections 120-B, 420, 409 of the Indian Penal Code read with sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (hereafter '1978 Act'), has filed this application under section 439 of Code of Criminal Procedure seeking for bail as his bail application has been rejected by the learned Sessions Judge, Khurda at Bhubaneswar in Bail Application No.1544 of 2018 vide order dated 04.01.2019.

(2.) The present case was instituted by treating the First Information Report of Padampur P.S. Case No. 128 of 2012 as original F.I.R. of R.C. Case No. 32(S) of 2014 in pursuance of the order dated 09.05.2014 of the Hon'ble Supreme Court of India passed in W.P. (Civil) No.401 of 2013 filed by Shri Subrata Chattoraj and W.P. (Civil) No.413 of 2013 filed by Shri Alok Jena.

(3.) Mr. G. Nageswara Rao, learned counsel appearing for the petitioner argued that the so-called money trailing to the bank accounts of the petitioner to the tune of Rs.25,48,450/- as contended by the C.B.I. was nothing but the salary of the petitioner. The petitioner resigned as a Director of the company since 25.05.2010 and therefore, by the time of lodging F.I.R. on 20.08.2012, the petitioner was not attached to the company. It is further contended that the passport of the petitioner has already been seized by the C.B.I. Authorities and there is no chance of absconding of the petitioner and therefore, the bail application may be favourably considered.