Orissa High Court
Basanta Kumar Behera vs State Of Odisha (Vig.) on 6 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 686 of 2021
Basanta Kumar Behera .... Appellant
Mr.P.K. Satpathy, Advocate
-versus-
State of Odisha (Vig.) .... Respondent
Mr.S.K.Das,
Standing Counsel for Vigilance
Department
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 06.12.2021
CRLA No. 686 of 2021
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical Mode).
Heard.
Admit.
Call for the trial Court records.
( S.K. Sahoo)
Judge
P.T.O.
// 2 //
I.A. No. 1252 of 2021
02. This is an application for grant of bail.
Heard learned counsel for the appellant and
learned Standing Counsel for the Vigilance Department.
The appellant-petitioner has been convicted under
sections 409 of the Indian Penal Code and 13(1)(c) read
with section 13(2) of the Prevention of Corruption Act
1988 and sentenced to undergo rigorous imprisonment
for a period of one year and to pay a fine of Rs.10,000/-
(ten thousand), in default, to undergo rigorous
imprisonment for a further period of three months under
section 409 of the Indian Penal Code and to undergo
rigorous imprisonment for a period of one year and to
pay a fine of Rs.10,000/- (ten thousand), in default, to
undergo rigorous imprisonment for a further period of
three months for the offence under section 13(1)(c) read
with section 13(2) of the Prevention of Corruption Act
1988 and both the sentences were directed to run
concurrently by the learned Special Judge (Vigilance),
Berhampur vide judgment and order dated 5th November
2021 in G.R. Case No. 22 of 2007(V)/ T.R. No. No.67 of
2009.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and he has never
misutilized the liberty granted to him. He was also
// 3 //
released on interim bail by the learned trial Court after
conviction and therefore, the petitioner may be directed
to be released on bail pending disposal of the appeal.
Learned counsel for the Vigilance Department
opposed the prayer for bail.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced by the prosecution during trial and the
sentence imposed by the learned trial Court and absence
of chance of early hearing of the appeal in the near
future, I am inclined to release the petitioner on bail.
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.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No. 1253 of 2021
03. This is an application for stay of realization of fine.
Heard.
Considering the submissions made by the learned
counsel for the parties, let there be stay of realization of
// 4 //
fine amount imposed on the appellant-petitioner
pursuant to the judgment and order dated 5th
November 2021 passed by the learned Special Judge
(Vigilance), Berhampur vide judgment and order dated
5th November 2021 in G.R. Case No. 22 of 2007(V)/
T.R. No. No.67 of 2009 pending disposal of the criminal
appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
Free copy of the order be supplied to the learned
counsel for the Vigilance Department.
( S.K. Sahoo)
Judge
PKSahoo
