Budhuni Minz @ Budhani vs State Of Odisha(Vig.)
2021 Latest Caselaw 10735 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.519 of 2021

              Budhuni Minz @ Budhani                 .... Appellant/
              Minj                                      Petitioner

                                      Mr. Amlan Mohanty, Advocate

                                 -versus-
              State of Odisha(Vig.)       .... Respondent/
                                             Opposite Party

                                      Mr. S.K. Das,
                                      Standing Counsel (Vig.)
                                       CORAM:

                               JUSTICE S.K. SAHOO
                                       ORDER

Order No. 07.10.2021

01. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard.

Admit.

Call for the Trial Court Record.

( S.K. Sahoo) Judge

I.A. No.941 of 2021

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

Heard Mr. Amlan Mohanty, learned counsel for the // 2 //

appellant and Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department.

The appellant-petitioner has been convicted under section 7 of the Prevention of Corruption Act, 1988 and section 13(2) read with section 13(1)(d) of the P.C. Act and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs.5,000/- (five thousand), in default to undergo further R.I. for three months for the offence under section 7 of the P.C. Act, 1988 and R.I. for a period of two years and to pay a fine of Rs.5,000/- (five thousand), in default, to undergo further R.I. for three months for the offence under section 13(1)(d) read with section 13(2) of the P.C. Act, 1988 and both the substantive sentences were directed to run concurrently by the learned Special Judge (Vigilance), Sundargarh in C.T.R. No. 76/37 of 2007-2016.

Perused the impugned judgment. Learned counsel for the petitioner submits that the petitioner was on bail during trial and he has never misutilised his liberty 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

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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 before the learned trial Court 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

I.A. No.942 of 2021

03. 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.

A free copy of the order be handed over to the learned Standing Counsel for the Vigilance Department.

( S.K. Sahoo) Judge P

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