(Ranjan Gogoi and Navin Sinha, JJ.)
Pravat Kumar Dash __________________________________ Appellant
v.
Central Bureau of Investigation ______________________ Respondent
Criminal Appeal No(s). 1110 of 2017 [Arising out of Special Leave Petition (Criminal) No. 3805 of 2017], decided on July 11, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. Prayer for time to file counter affidavit made by the Special Public Prosecutor on behalf of the Central Bureau of Investigation is rejected having regard to the fact that the accused appellant is in custody for over two and half years and the offences alleged against him are under Sections 420/467/468/471/406/417/418/422/120B/34 of the Indian Penal Code, 1860 and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
3. Partial charge-sheet has been submitted on 7th March, 2015 and thereafter despite several extensions of time for completion of the remaining part of the investigation including order of extension of time by this Court, the investigation has not been completed. Having regard to the period of custody suffered; offences alleged; and taking into account the totality of the facts of the case, we are inclined to take the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned Special C.J.M. CBI, Bhubaneswar in connection with R.C. Case No. 49/S/14 arising out of SPE Case No. 44 of 2014.
4. The learned Special C.J.M. CBI, Bhubaneswar is free to impose appropriate condition(s) as he deems fit.
5. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
Pravat Kumar Dash _________________________________ Petitioner
v.
Central Bureau of Investigation ______________________ Respondent
(FOR [PERMISSION TO FILE ANNEXURES] ON IA 8457/2017)
Date: 11-07-2017 This matter was called on for hearing today.
(Before Ranjan Gogoi and Navin Sinha, JJ.)
For Petitioner(s) Mr. Suresh Chandra Tripathy, AOR
For Respondent(s) Mr. K. Raghavacharyulu, Adv. [Spl.P.P.]
Mr. Kailash Pandey, Adv.
Mr. Ranjeet Singh, Adv.
UPON hearing the counsel the Court made the following
Order
6. Leave granted.
7. The appeal is disposed of in terms of the signed order.
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