June 24th 2024.
In a recent development, the Supreme Court has granted temporary protection to Bijaya Ketan Sahoo, an Odisha Administrative Service officer, against arrest in a money laundering case. The case was filed by the Enforcement Directorate, alleging that Sahoo had accumulated assets beyond his known sources of income.
As per the court's decision, Sahoo has been given two weeks to appear before the special PMLA court and provide bail bonds in accordance with Section 88 of the CrPC. This comes after the Orissa High Court had previously denied his anticipatory bail plea, stating that there was a strong likelihood of Sahoo's involvement in the acquisition of the properties, which were deemed as proceeds of crime.
However, the High Court bench, led by Justice Chittaranjan Das, had also directed that if Sahoo were to appear before the special court and request regular bail, the decision would be based on its own merits. This prompted Sahoo to approach the Supreme Court, arguing that the assets in question were not disproportionate to his known sources of income and therefore, the PMLA should not be applied in his case.
Sahoo's plea, filed through advocate Praveena Gautam, further stated that since he had not been arrested during the investigation, there was no reason to incarcerate him upon his appearance in court. According to the plea, it would go against the principles of granting bail to suddenly arrest and detain a person who had been free for many years, solely based on the filing of a charge sheet or complaint.
The case against Sahoo was initiated by the ED under the Prevention of Money Laundering Act, after an FIR was filed with Cuttack's Vigilance Police Station against Odisha Financial Official Nalini Prusty, Sahoo, and other family members for possessing assets worth Rs 5 crore that were disproportionate to their known sources of income. The investigation revealed that the couple had acquired multiple properties, including a triple-storied building, in the name of a relative who had no independent source of income.
Based on the ED's complaint, the PMLA court in Bhubaneswar had summoned Sahoo to appear before them. With the Supreme Court's decision to grant interim protection from arrest, Sahoo can now present his case before the special court and seek regular bail.
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