Orissa High Court
Manoranjan Panda vs State Of Odisha (Vig.) on 20 December, 2021
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.
// 2 //
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
