Okil Jued vs State Of Odisha
2022 Latest Caselaw 1098 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.773 of 2021

              Okil Jued                                 ....     Appellant/
                                                                Petitioner

                                      Mr. T.K. Sahu, Advocate

                                            -versus-
              State of Odisha                           ....   Respondent/
              (Vigilance)                                      Opp. Party

                                      Mr. Sanjay Kumar Das,
                                      Standing Counsel
                                       CORAM:

                                JUSTICE S.K. SAHOO

                                         ORDER

Order No. 07.02.2022

02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department submitted that he has filed his appearance memo on 18.01.2022.

The Registry shall place the appearance memo on record.

The name of Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department shall be reflected in the cause list as well as at the top of the brief.

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

I.A. No.1406 of 2021

03. This is an application for condonation of delay in preferring the appeal against the impugned judgment and order of conviction.

The Stamp Reporter has pointed out that there is a delay of seven days in filing the CRLA.

After going through the averments taken in the interim application and on hearing the learned counsel for both the parties, since it is a case of conviction and substantive sentence of two years has been imposed against the appellant, I am inclined to condone the delay in filing the CRLA.

Accordingly, the I.A. is disposed of.

(S.K. Sahoo) Judge

CRLA No.773 of 2021

04. Heard.

Admit.

Call for the trial Court record.

(S.K. Sahoo) Judge

I.A. No.1408 of 2021

05. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

// 3 //

The appellant-petitioner has been convicted under section 13(2) of the Prevention of Corruption Act, 1988 (hereafter 'P.C. Act') for committing an offence of criminal misconduct as defined under section 13(1)(c) of the P.C. Act read with section 409 of the Indian Penal Code and 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 further R.I. for a period of three months for the offence under section 13(2) of the P.C. Act and R.I. for a period of two years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of three months for the offence under section 409 of the Indian Penal Code and both the sentences are to run concurrently by the learned Special Judge (Vigilance), Bolangir in C.T.R. No.5 of 2014.

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 the substantive sentence imposed by the learned trial Court against the petitioner is for two years and after conviction, he has also been released on bail by the learned trial Court 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 of the petitioner may be favourably considered.

// 4 //

Learned 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 adduced by the prosecution during trial, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation of misutilization of his liberty while on bail and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

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) Judge

I.A. No.1407 of 2021

06. 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.

A free copy of this order be handed over to Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department.

// 5 //

Urgent certified copy of this order be granted on proper application.

(S.K. Sahoo) Judge RKM