Chittaranjan Baliarsingh vs State Of Odisha
2021 Latest Caselaw 8690 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CRLA No. 376 of 2021


                Chittaranjan Baliarsingh                ....         Appellant/
                                                                   Petitioner

                                            Mr.B.S. Dasparida, Advocate
                                            -versus-
                State of Odisha                      .... Respondent/
                                                         Opp. Party
                                           Mr. S.K. Das,
                                           Addl. Standing Counsel (Vig.)
                                          CORAM:

                                 JUSTICE S.K. SAHOO
                                        ORDER

Order No. 19.08.2021

CRLA No. 376 of 2021

02. Mr. S.K. Das, learned Standing Counsel for the Vigilance Department submits that he has already entered appearance on behalf of the State and filed his appearance memo.

Let the registry place the appearance memo on record.

The name of Mr. S.K. Das, learned Standing Counsel for the Vigilance Department be reflected in the cause list as well as on the top of the brief henceforth.

Heard.

Admit.

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Call for the Trial Court Record.

( S.K. Sahoo) Judge

I.A. No.699 of 2021

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

Heard learned counsel for the appellant-petitioner and learned Counsel for the State.

The appellant-petitioner has been convicted under section 7 and section 13(1)(d)(i)(iii) punishable under section 13(2) of the Prevention of Corruption Act, 1988 (hereafter 'P.C. Act') and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of six months under section 7 of the P.C. Act and no separate punishment has been awarded under section 13(2) of the P.C. Act by the learned Addl. Sessions Judge -cum- Special Judge (Vigilance), Phulbani in G.R. Case No.04 of 2018(V)/T.R. Case No.02 of 2019.

Perused the impugned judgment. Learned counsel for the petitioner submits that the petitioner was on bail during trial and he has never misutilised the liberty and there is no chance of early hearing of appeal in the near future and the balance of convenience is in his favour and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the Vigilance Department opposed the prayer for bail.

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

Let the appellant-petitioner on surrendering before the learned trial Court be released on bail pending disposal of the appeal on furnishing a 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, with such terms and condition as deemed just and proper.

The I.A. is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

I.A. No. 700 of 2021.

04. Heard.

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

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge P

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