Raj Kumari Dei vs State Of Odisha
2021 Latest Caselaw 261 Ori

                                 CRLA No.620 of 2020




                   Raj Kumari Dei                            ...       Appellant/
                                                                     Petitioner

                                                          -Versus-

                   State of Odisha                           ...     Respondent/
                                                                     Opp. party


02    07.01.2021           Heard.
                           Admit.
                           Call for the L.C.R.
                                                          .............................
                                                           S.K. Sahoo, J.

I.A. No.1193 of 2020

03. 07.01.2021 The matter is taken up through Video Conferencing.

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

Heard.

The appellant-petitioner has been convicted under section 7 and section 13 (2) read with section 13 (1) (d) of the Prevention of Corruption Act and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.25,000/- (rupees twenty five thousand) on each count and in default, to undergo R.I. for a further period of six months and both the substantive sentences were directed to run concurrently by the learned Special Judge, Vigilance, Bhubaneswar in T.R. Case No.26 of 2013.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilised his liberty and there is no clinching evidence against the petitioner and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application may be favourably considered.

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

Considering the submissions of learned counsel for the respective parties, the nature of evidence on record, the fact that the petitioner was on bail during trial and absence of any chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

Let the appellant-petitioner on surrendering be released on bail pending disposal of the appeal on furnishing 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.

The I.A. is disposed of.

............................. S.K. Sahoo, J.

                                      I.A. No.1194 of 2020

04.   07.01.2021         Heard.

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.

............................. S.K. Sahoo, J.

P