Bikash Swain vs Republic Of India (C.B.I.)
2023 Latest Caselaw 2187 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                          BLAPL No.3112 of 2015

              Bikash Swain                         ....      Petitioner

                                  Mr.D. P. Nanda
                                  Senior Advocate

                                        -versus-

              Republic of India (C.B.I.)           ....     Opp. Party

                                  Mr.Sarthak Nayak
                                  Special Public Prosecutor
                                  (C.B.I.)

                                 CORAM:
                            JUSTICE S.K. SAHOO
                                  ORDER

Order No. 16.03.2023 I.A. No. 343 of 2023

47. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This application has been filed by the petitioner Bikash Swain for modification of the judgment and order dated 11.11.2016 to the extent of deleting the 2nd part of condition No.(v) directing the petitioner to appear before the Investigating Officer on 1st Monday of every month until the investigation of the case is finally completed.

Learned counsel for the petitioner submitted that a coordinate Bench of this Court while granting bail to the petitioner as per order dated 11.11.2016 imposed six conditions and the 2nd part of the // 2 //

condition no.(v) directing the petitioner to appear before the Investigating Officer on 1st Monday of every month until the investigation of the case is finally completed, is causing immense hardship to the petitioner as in the meantime investigation of the case has been completed. He further submitted that the petitioner has been complying with the terms and conditions of the bail order dated 11.11.2016 and therefore, the 2nd part of the condition No. (v) may be waived.

Mr. Sarthak Nayak, learned Special Public Prosecutor on instruction submitted that further investigation is under progress and more amount has been surfaced in the meantime during such investigation. He further submitted that such prayer was also made by the petitioner in I.A. No.856 of 2019 which was rejected vide order dated 06.01.2021. He further submitted that an application has been filed by the C.B.I. for cancellation of bail vide CRLMA No.94 of 2021 before this Court, which is subjudiced.

In view of such submission, put up this matter along with CRLMA No.94 of 2021 on 31.03.2023.

Learned counsel for C.B.I. shall obtain instruction as to whether the investigation has been completed in the meantime or not and whether the petitioner has been complying with the condition

// 3 //

no.(v) of the order dated 11.11.2016.

A free copy of this order be handed over to the learned counsel for C.B.I.

( S.K. Sahoo) Judge

PKSahoo