Orissa High Court
Basudev Padhy vs State Of Odisha (Vig.) on 10 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.3 of 2022
Basudev Padhy .... Appellant/
Petitioner
Mr. Goutam Mishra
Senior 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 will file
appearance memo within this week.
Heard.
Admit.
Call for the Trial Court Record.
( S.K. Sahoo)
Judge
I.A. No.6 of 2022
02. This is an application under section 389 Cr.P.C.
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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 7 and 13(2) read with section 13(1)(d)
of the P.C. Act, 1988 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 four months for
the offence under section 7 of the P.C. Act, 1988 and
sentenced to undergo R.I. for a period of two years
and to pay a fine of Rs.5000/-, in default to undergo
R.I. for a further period of four months more for the
offence under section 13(1)(d) read with section
13(2) and of the P.C. Act, 1988 and both the
substantive sentences were directed to run
concurrently by the learned Special Judge (Vigilance),
Berhampur in T.R. No. 25 of 2010 (G.R. Case No.40
of 2009 (V)).
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, he 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
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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
I.A. No. 5 of 2022
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
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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
