Orissa High Court
Nimai Charan Behera vs State Of Odisha (Vig.) on 21 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.743 of 2021
Nimai Charan Behera .... Appellant/
Petitioner
Mr. R.K. Pattnaik, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp. Party
Mr. S.K. Das,
Addl. Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 21.12.2021
01. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
Perused the report of Stamp Reporter.
Learned counsel for the appellant is permitted to
remove the defect Nos.5(d) and 9(ii) in Court today.
So far as defect no. 5(d) is concerned, Mr. Sanjay
Kumar Das, learned Standing Counsel for the Vigilance
Department submits that he has received the copy of
the appeal memo along with impugned judgment and
interim applications day before yesterday and he will
file his appearance memo in the first week of January
2022.
Heard.
// 2 //
Admit.
Call for the Trial Court Record.
( S.K. Sahoo)
Judge
I.A. No.1344 of 2021
This is an application under Section 389 Cr.P.C.
02. for grant of bail.
Heard learned counsel for the appellant and Mr.
Sanjay Kumar Das, learned Standing Counsel for the
Vigilance Department.
The appellant-petitioner has been convicted
under sections 7 and 13(1)(d) read 13(2) of the P.C.
Act, 1988 and sentenced to undergo R.I. for a period
of two years and to pay a fine of Rs.5,000/- (rupees
five thousand), in default to undergo R.I. for a further
period of three months for the offence under section 7
of the P.C. Act, 1988 and sentenced to undergo R.I.
for a period of two years and to pay a fine of
Rs.5000/-, in default to undergo R.I. for a further
period of three months for the offence under sections
13(1)(d) and 13(2) of the P.C. Act, 1988 and both the
substantive sentences were directed to run
concurrently by the learned Special Judge (Vigilance),
Dhenkanal in CTC T.R. No. 30/2010/DKL. T.R. No.29
of 2017.
Perused the impugned judgment.
// 3 //
Learned counsel for the petitioner submits that
the petitioner was on bail during trial and he has never
misutilised his liberty and he was also released on
interim bail after the pronouncement of impugned
judgment and there is no chance of early hearing of
appeal in the near future and the 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 Vigilance Department
opposed the prayer for bail.
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 be
released on bail pending disposal of the appeal on
furnishing a 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
// 4 //
I.A. No. 1345 of 2021
03. 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.
A free copy of the order be handed over to the
learned Standing Counsel for the Vigilance
Department.
( S.K. Sahoo)
Judge
P
