Orissa High Court
Subhamani Dei vs State Of Odisha (Vig.) on 10 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.786 of 2021
Subhamani Dei .... Appellant/
Petitioner
Mr.T.K. Mishra, 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. 10.01.2022
01. This matter is taken up through Video
Conferencing.
Mr. Sanjay Kumar Das, learned Standing Counsel
for the Vigilance Department submits that he has
already filed his appearance memo in the case. Let the
registry place the appearance memo on record. The
name of Mr. Sanjay Kumar Das, learned Standing
Counsel for the Vigilance Department shall be
indicated in the cause list henceforth.
Learned counsel for the appellant undertakes to
supply the copy of the interim application for bail to
the learned counsel for the Vigilance Department
during course of the day
// 2 //
Heard.
Admit.
Call for the Trial Court Record.
( S.K. Sahoo)
Judge
I.A. No.1426 of 2021
02. This is an application under Section 389 Cr.P.C.
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 13(1)(c) read with section 13(2) of the
P.C. Act, 1988 and sections 420 and 471 of the Indian
Penal Code 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 more under sections 13(1)(c)
read with section 13(2) of the P.C. Act, 1988, R.I. for
two years and to pay a fine of Rs.5,000/- (five
thousand), i.d. to undergo R.I. for three months more
for the offence under section 420 of the Indian Penal
Code and R.I. for one year and to pay a fine of
Rs.1,000/- (one thousand), i.d. to undergo R.I. for
one month more for the offence under section 471 of
the Indian Penal Code and all the substantive
sentences were directed to run concurrently by the
// 3 //
learned Special Judge (Vigilance), Jeypore in T.R. No.
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 after pronouncement of
judgment, she has been released on bail 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. 1427 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.
Parties may utilize the soft copy of this order
available in the High Court's website or print out
thereof at par with certified copy in the manner
prescribed vide Office Order dated 7th January 2022.
A free copy of the order be handed over to the
learned Standing Counsel for the Vigilance
Department.
( S.K. Sahoo)
Judge
P
