Sri Deepak Chandratan Pareek vs Republic Of India
2021 Latest Caselaw 11722 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        BLAPL No.4542 of 2015

            Sri Deepak Chandratan Pareek           ....             Petitioner
                                          Ms.Deepali Mohapatra, Advocate


                                         Versus
            Republic of India                      ....             Opp. Party
                                           Mr.Sarthak Nayak, Advocate, CBI

             CORAM:
                  JUSTICE SAVITRI RATHO
                                       ORDER

Order No.                             15.11.2021
    27.            I.A. No.850 of 2021

This matter is taken up through hybrid mode. Heard Ms.Deepali Mohapatra, learned counsel for the petitioner and Mr.Sarthak Nayak, learned counsel for the C.B.I.

The aforesaid I.A. has been filed by the petitioner to modify or waive out the condition No.(v) of order dated 09.02.2017 passed by this Court in Misc. Case No.42 of 2017, i.e., "the petitioner shall appear before the Investigating Officer on 1st Thursday of every alternate month".

Learned counsel for the petitioner states that the petitioner has been complying with condition no.v by appearing before the I.O. on 1st Thursday of every alternate month since more than four years. However, investigation of the case has not been completed and final charge sheet has not been filed in this case till date. As the petitioner resides in Bombay, he is facing immense difficulty and expense to comply with the said condition and prays for waiving the said condition.

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Mr. Sarthak Nayak, learned counsel for the C.B.I. submits that investigation is still in progress as the monetary part of the transactions is being investigated into. Hence, waiving condition no. (v) of the order dated 09.02.2017 will cause prejudice to the prosecution. He further submits that condition no.(v) imposed vide order dated 06.01.2017 had been modified by order dated 09.02.2017 by this Court. Both these orders were challenged by the petitioner in Criminal Appeal Nos.768-769 of 2017 (arising out of S.L.P. Crl.) Nos.1891-1892 of 2017) in the Hon'ble Supreme Court and the Hon'ble Supreme Court vide order dated 21.04.2017 while modifying the condition relating to deposit of cash security of Rs.2.00 crores by reducing it to Rs.1.00 crore has ordered "In all other respects, the judgment and order of the High Court is sustained".

Considering the submissions of respective counsels and in view of the order of the Hon'ble Supreme Court, I do not consider it proper to modify or waive condition no.v of order dated 09.02.2017.

The I.A. is accordingly dismissed.

Urgent certified copy of this order be granted as per rules.

(Savitri Ratho) Judge

Bichi