Manoranjan Panda vs State Of Odisha (Vig.)
2021 Latest Caselaw 12971 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No. 671 of 2021

              Manoranjan Panda               ....       Appellant

                                Mr.T.P. 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.                       20.12.2021

                              CRLA No. 671 of 2021

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Mr. S.K.Das, learned Standing Counsel for the Vigilance Department submits that he has received a copy of the appeal memo and also filed his appearance memo through e-mail.

Registry shall place the same on record. Learned counsel for the appellant submits that he will remove defect no. 5(e) within one week after the reopening of the Court after the ensuing winter vacation.

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Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

I.A. No. 1215 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 section 13(2) read with section 13(1)(d) and section 7 of the Prevention of Corruption Act 1988 and sentenced to undergo rigorous imprisonment for a period of two years under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act 1988 and to undergo R.I. for one year for the offence under section 7 of the Prevention of Corruption Act 1988 and further directed to pay a fine of Rs.5,000/- (five thousand) on each count in default, to undergo R.I. for a further period of three months on each count and both the sentences were directed to run concurrently by the learned Special Judge (Vigilance), Baripada vide judgment and order dated 30.10.2021 passed in V.G.R. No. 08 of 2012/T.C. No. No.92 of 2013.

// 3 //

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 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. 1214 of 2021

03. This is an application for stay of realization of fine.

// 4 //

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 30.10.2021 passed by the learned Special Judge (Vigilance), Baripada in V.G.R. No. 08 of 2012/T.C. No. No.92 of 2013 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