Case Law Details
Kamalakanta Singh Vs State of Odisha (Orissa High Court)
The Orissa High Court has rejected the pre-arrest bail plea of Kamalakanta Singh, a GST Officer accused of misappropriating ₹71.03 lakhs in public funds. The case, registered under Section 409 of the Indian Penal Code (IPC), pertains to allegations of criminal breach of trust by a public servant. Singh, who served as a GST Officer in the Jatni Circle, was accused of embezzling government funds, leading to the registration of a case under Jatni P.S. Case No. 114 of 2022, which is now pending before the Judicial Magistrate First Class (J.M.F.C.), Jatni.
During the hearing, Singh’s counsel argued that the allegations were primarily based on documentary evidence and that custodial interrogation was unnecessary. The defense also informed the court that Singh had already deposited ₹16.50 lakhs without prejudice to his legal rights. However, the prosecution opposed the bail plea, highlighting the severity of the financial irregularities and the public interest involved in economic offenses of such magnitude.
The High Court, after considering the arguments, declined to grant pre-arrest bail. The court emphasized the serious nature of the allegations, stating that economic offenses, especially those involving public money, require a strict approach. Citing previous judicial precedents, the court noted that pre-arrest bail should not be granted in cases where financial misappropriation by public officials is alleged, as it could hinder the investigation process. The Supreme Court has consistently held that economic offenses constitute a distinct category of crimes that affect public trust and governance, necessitating stringent scrutiny.
In light of these considerations, the Orissa High Court dismissed Singh’s application for pre-arrest bail. The decision reflects the judiciary’s firm stance on financial misconduct by public officials, reinforcing the principle that allegations of economic offenses must be thoroughly investigated before granting any relief.
FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT
Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.195 of 2022 pending in the Court of learned J.M.F.C., Jatni arising out Jatni P.S. Case No.114 of 2022 for commission of offences punishable under Section 409 IPC.
3. Allegation against the Petitioner is that while he was working as GST Officer of Jatni Circle defalcated the public money of Rs.71,03,637/-.
4. It is submitted by the learned counsel that entire allegation is based on documentary evidence and custodial interrogation of the Petitioner is not necessary.
5. It is further submitted that without prejudice to his rights and contentions the Petitioner has deposited a sum of Rs.16,50,000/-.
6. Learned counsel for the State opposes the prayer for pre-arrest bail.
7. Considering the nature of allegation and alleged role ascribed to the Petitioner in commission of such economic offence, this Court is not inclined to entertain this pre-arrest bail application.
8. Accordingly, ABLAPL stands rejected.
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