Orissa High Court
Gobinda Patra vs State Of Odisha on 12 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.365 of 2021
Gobinda Patra .... Appellant/
Petitioner
Mr. S. Jena, Advocate
-versus-
State of Odisha .... Respondent/
(Vigilance) Opp. Party
Mr. Sanjay Kumar Das,
Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 12.08.2021
02. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
Mr. Sanjay Kumar Das, learned Standing Counsel
for the Vigilance Department submits that on
06.08.2021, he has filed the appearance memo.
Let the Registry place the appearance memo on
record.
Heard.
Admit.
Call for the trial Court record.
( S.K. Sahoo)
Judge
// 2 //
I.A. No.683 of 2021
03. This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted
under section 7 and section 13(2) read with section
13(1)(d) of the Prevention of Corruption Act, 1988 and
sentenced to undergo R.I. for one year and to pay a
fine of Rs.2,000/- (rupees two thousand), in default,
to suffer R.I. for two months more for the offence
under section 7 of the Prevention of Corruption Act,
1988 and R.I. for two years and to pay fine of
Rs.5,000/- (rupees five thousand), in default, to suffer
R.I. for three months more for the offence under
section 13(2) read with section 13(1)(d) of the
Prevention of Corruption Act by the learned Special
Judge (Vigilance), Berhampur in G.R. Case No.02 of
2011(V) (T.R. No.12 of 2012).
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and he has never
misutilised his liberty and the substantive sentence
imposed by the learned trial Court against the
petitioner is for two years and after conviction, he has
also been released on bail by the learned trial Court
and there are good chances of success in the appeal
// 3 //
and there is no chance of early hearing of appeal in
the near future and balance of convenience is in favour
of the petitioner and therefore, the bail application of
the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer
for bail.
Considering the submissions of learned counsel
for the respective parties, the nature of evidence
adduced by the prosecution during trial, the sentence
imposed by the learned trial Court, the fact that the
petitioner was on bail during trial and there is no
allegation of misutilization of his liberty while on bail
and absence of any chance of early hearing of the
appeal in the near future, the prayer for bail is
allowed.
Let the appellant-petitioner on surrendering be
released on bail pending disposal of the appeal on
furnishing bail bond of Rs.50,000/- (rupees fifty
thousand) with two local solvent sureties each for the
like amount to the satisfaction of the learned trial
Court.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.684 of 2021
04. Heard.
// 4 //
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.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
RKM
