Manoj Kumar Beura vs State Of Odisha(Vig.)
2022 Latest Caselaw 4017 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No. 591 of 2022

              Manoj Kumar Beura                       ....      Appellant

                                    Mr.P.Mohanty, Advocate

                                        -versus-

              State of Odisha(Vig.)                   ....      Respondent

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

                                   CORAM:
                             JUSTICE S.K. SAHOO

                                      ORDER

Order No. 16.08.2022

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

Learned counsel for the appellant submits that defect no.3 has already been removed.

Let the registry verify this same and place the deficit court fee on record.

Mr. Sanjay Kumar Dash, learned Standing Counsel for the Vigilance Department submits that he has filed his appearance memo since 29.07.2022.

Let the registry place the same on record. Heard.

Admit Call for the trial Court records.

( S.K. Sahoo) Judge // 2 //

I.A. No.1141 of 2022

02. This is an application for bail.

Heard learned counsel for the appellant-petitioner and learned Standing Counsel for the Vigilance Department.

The appellant-petitioner Manoj Kumar Beura has been convicted under section 13(1)(c) read with section 13(2) of the Prevention of Corruption Act 1988 and has been sentenced to undergo R.I. for a period of two years and to pay a fine of Rs.10,000/-(rupees ten thousand), in default, to undergo R.I. for a further period of two months by the learned Special Judge, Vigilance, Jeypore in G.R. Case No. 15 of 2009(V)/T.R. No. 33 of 2012.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilized the liberty granted to him 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.

// 3 //

Let the appellant-petitioner be released on surrendering before the learned trial Court 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. 1140 of 2022

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

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 18.07.2022 passed by the learned Special Judge, Vigilance, Jeypore in G.R. Case No. 15 of 2009(V)/T.R. No. 33 of 2012 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

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