Krishna Mohan Pathak vs Republic Of India
2021 Latest Caselaw 5741 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 179 of 2021

              Krishna Mohan Pathak                  ....          Appellant

                                         Mr. S.R. Mulia, Advocate

                                         -versus-
              Republic of India                     ....     Respondent

                                   Mr. Sarthak Nayak,
                                   Special Public Prosecutor, CBI
                                     CORAM:

                               JUSTICE S.K. SAHOO
                                     ORDER

Order No. 30.04.2021

I.A. No.343 of 2021

04. This matter is taken up by video conferencing mode.

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted sections 7 and 13(2) read with section 13(1)(d) of the Prevention of Corruption Act and sentenced to undergo R.I. for five years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for three months for the offence under section 7 of the Prevention of Corruption Act and to undergo R.I. for five years and to pay a fine of Rs.10,000/- (ten thousand), in default, to undergo R.I. for a period of // 2 //

three months for the offence under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act and all the sentence were directed to run concurrently by the learned Special Judge, CBI, Court No.II, Bhubaneswar in T.R. No.04 of 2015.

Learned counsel for the appellant submitted that the appellant was on bail during trial which is apparent from the cause title of the impugned judgment and he has never misutilised his liberty. It is further submitted that there is no chance of early hearing of appeal in the near future and there are good chances of success in the appeal and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Mr. Sarthak Nayak, Special Public Prosecutor appearing for the CBI opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, nature of evidence adduced during trial, substantive sentence imposed by the learned trial Court, absence of any chance of early hearing of the appeal in the near future and the fact that the petitioner was on bail during trial, the prayer for bail is allowed.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court

// 3 //

Accordingly, the I.A. stands disposed of.

( S.K. Sahoo) Judge

I.A. No.344 of 2021

05. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587 dated 25th March 2020 as modified by Court's Notice No. 4798 dated 15th April 2021.

( S.K. Sahoo) Judge

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