anticipatory bail under Section 438 of Cr. P. C by bibhuaryan

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        IN THE HIGH COURT OF ORISSA, CUTTACK
                      BLAPL NO.                       /2007
                    (Criminal Miscellaneous Jurisdiction)

                                                               CODE NO. 091000

IN THE MATTER OF:
                           An application for anticipatory bail under Section
                           438 of Cr. P. C.
                                        AND

IN THE MATTER OF:
                           Manoranjan Pattanaik, aged about 41 years, S/o-
                           Dr.       Nityananda   Pattanaik,   Plot   No:   1243,
                           Nageswar Tangi, PO: Old Town, PS: Baragarh,
                           Bhubaneswar, Dist: Khurda.
                                                               ….. Petitioner.

                                        VRS

                           State of Orissa                     ….. Opp.Party.

The matter out of which this anticipatory bail application of the petitioner
arises was never before this Hon’ble Court in any form whatsoever as per
the instruction of the petitioner.


To
      The Hon’ble Sri Ashok Kumar Ganguly, the Chief Justice and His
      Lordship’s other Companion Justices of the Hon’ble High Court of
      Orissa.
                                                  The humble petition of the
                                                  above named petitioner
MOST RESPECT FULLY SHEWETH:

1.    That the humble petitioner is before this Hon’ble Court to protect his
      personal liberty and freedom by intervention of this Hon’ble Court
      with an appropriate order under Section 438 of Criminal Procedure
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          Code, 1973, for which he has ample reasons to believe that he may be
          illegally put behind the bars for no fault of him.

2.        That the above anticipation of being illegally arrested arises in the
          background of the facts that the ailing father of the present petitioner,
          namely, Dr.Nityananda Pattanaik along with some other persons
          promoted a Non-Governmental Organisation (NGO) in Bhubaneswar
          duly registered as SSADRI which is associated with the cause of
          upliftment of the tribals by conducting research in Social Science and
          Development of Research Institute.


          It is worth submitting here that the present petitioner stands enrolled
          as one of the members of the above SSADRI and thus looks after
          various programmes of the institution as and when he finds time and
          convenience.

3.        That day by day the fame of the Organisation spread throughout the
          State and the sincere efforts and the efficiency of the Organisation
          attracted attention from different quarter of State and Central
          Government as well as the international organizations involved with
          the acts of the NGOs.


4.        That being attracted by the efficiency of the Organisation in their
          research work the International Labour Organisation of UNO was
          pleased to entrust this Organisation with the work by virtue of a bi-
          party contract between ILO and SSADRI preceded by necessary
          approval from the Ministry of Tribal Affairs, Government of India,
          Ministry of Labour, Government of India and Welfare Department,
          Government of India.


     5.      That the aforesaid assignment of the ILO started on 1 st March,
             2001 ending successfully on 5th September, 2005. A letter
             revealing successful completion of the allocated project is annexed
             hereto as ANNEXURE-          .
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6.   That even after closure of the said project, this Organisation never
     rested thereafter, but maintained and continued their praised
     endeavour in the said direction for another additional period of one
     year to se that the benefits derived out of the project gets its practical
     and pragmatic side fulfilled.


7.   That it is worth submitting here that the present petitioner, for his
     abed leadership quality coupled with the merit in the Diploma Course
     of Co-operative Management with the degree in Arts faculty, was
     unanimously chosen and selected “Project Manager” by the members
     of the SSADRI for the purpose of carrying out and advancing the
     objective of the said project.


     After being appointed the Project Manager of SSADRI, the ILO also
     sponsored the petitioner for enhancement of his merit and achieving
     expertise in managing such projects, for joining a course in Italy.


     It is pertinent to submit here that although it was five year tenured
     project as per the contract, it was initially scheduled for a three years
     term for the reasons of donor’s constraint. But subsequently by the
     timely assistance of Swiss Co-operative, namely, MIGROS the project
     lived its full term.


8.   That in spite of the successful completion of the project fulfilling its
     desired objectives and even after issuance of the certificate of fruitful
     implementation of the project from the ILO, on 13.12.2006, for the
     reasons beyond the reach of the petitioner organisation, the
     Mayurbhanj District Collector along with Tehasildar of Betnoti and
     Special Officer of Integrated Tribal Development Agency, Baripada
     paid a surprise visit to the Office of the Mayurbhanj Adivasi Co-
     operative Mahasangha Ltd. located at Baripada in the District of
     Mayurbhanj.


     It is relevant to submit here that the above Mahasngha of Baripada
     was originally made by forty Self Help Groups called Mahila
     Mandals. But subsequently due to the seizure of operation of 38
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      numbers of Mahila Mandals out of forty only two numbers of Mahila
      Mandals remained.


9.    That it is most important to clarify that SSADRI, of which the
      petitioner is the Project Manager, is an Organisation for brining the
      illiterate tribals into the main stream by providing them with requisite
      training on various fields of creating resources for themselves to see
      their economic growth such as programmes for wool knitting,
      mushroom culture, handicraft, collecting forest products. For the
      successful implementation of the aforesaid projects, ILO sanctions
      funds to the said Mahasangha for granting credits to the Co-operative
      units registered there under.


      It is further clarified here that the above SSADRI is no way concerned
      with the funding by the ILO TO THE Mahasangha and taking credits
      by the Co-operative units as per their financial requirements. It is a
      matter between the Mahasangha, i.e., an unit for granting loans after
      being funded by the ILO and the Co-operative Societies, i.e, the units
      that takes loan for carrying out various Self Help Schemes for the
      economic growth and development from the said Mahasangha. The
      petitioner’s institute, i.e., SSADRI is only the facilitator which makes
      the Co-operative units properly educated to the various spheres of
      economic growth by enabling them for creating resources              for
      themselves.


10.   That it is very important to submit here that above inspection by the
      Collector along with other officers in the office of Mahasangha and
      after going through the various records of the Mahasangha the
      Collector and the said co-officers re-visited the said Mahasangha
      office and having reached the office sent for the petitioner to the spot
      for necessary interrogation.


11.   That being called as aforesaid the petitioner immediately presented
      himself before the said Collector. Then the Collector instead of
      enquiring about the procedural functioning of the entire project and
      instead of showing any faults found during his inspection, all of a
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         sudden got enraged with the petitioner and started to scold him on the
         false accusation of misappropriation of funds. In the above regard, it
         is respectfully submitted here that the petitioner has no occasion for
         interference in the maintenance/handling of cash transaction as loan
         given on credit by it only assists the tribal persons how the best utilize
         the loans taken by them from Mahasangha. So the alleged accusation
         on the petitioner by the Collector was without any factual basis or
         other materials.


12.


         That, the petitioner is law abiding person and expect the present
         allegation, he never had any criminal record of any kind and the
         interest of justice demands to enlarge the petitioner under the
         provisions of Sec 438 of Cr. P. C with any terms and conditions as
         would be imposed by this Hon’ble Court, or else the petitioner shall
         suffer irreparable loss and injury and shall be highly prejudiced.


                                   PRAYER


         The petitioner, therefore, pray that, in view of submission made above
         this Hon’ble Court would graciously be pleased to hear and allow the
         prayer for anticipatory bail and the petitioner may kindly be released
         on anticipatory bail in the event of their arrest by the arresting
         authority by imposing any terms and conditions as deems fit and
         proper by the Hon’ble Court;
         And, the petitioner may not be arrested till the disposal of the
         aforesaid anticipatory bail application;
         And, for which act of kindness, the petitioner as in duty bound shall
         ever pray.


                                                    By the petitioner through
Cuttack
Date :                                                                 Advocate
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                               AFFIDAVIT


I, Manoranjan Pattanaik, aged about 41 years, S/o- Dr. Nityananda
Pattanaik, Plot No: 1243, Nageswar Tangi, PO: Old Town, PS: Baragarh,
Bhubaneswar, Dist: Khurda, do here by solemnly affirm and state as
follows:


   1.      That I am the petitioner in this bail petition.


   2.      That the facts stated in the bail petition are believed by me to be
           true on the basis of materials available.




Cuttack
Date :




                                                                  Deponent


Identified by


Advocate’s Clerk



                                CertIfIcate


Due to non-availability of cartridge paper, this petition is typed on white
bond paper.



                                                                  Advocate

								
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