Himansu Kumar Jena vs State Of Odisha
2022 Latest Caselaw 5279 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.838 of 2022

              Himansu Kumar Jena                  ....      Appellant

                                 Mr. A.P. Bose, Advocate

                                       -versus-

              State of Odisha                     ....    Respondent
              (Vigilance)

                                 Mr. Sanjay Kumar Das,
                                 Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                   ORDER

Order No. 30.09.2022

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

Mr. Sanjay Kumar Das, learned Standing Counsel appearing for the Vigilance Department submitted that he has received the copy of the appeal memo along with the impugned judgment and interim applications for bail and stay realization of fine and he will file his appearance memo one week after reopening of the ensuing Durga Puja Holidays.

In case such appearance memo is filed, the same is taken on record and the name of Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department shall be reflected in the cause list as well // 2 //

as at the top of the brief.

Heard.

Admit.

Call for the trial Court record.

( S.K. Sahoo) Judge

I.A. No.1578 of 2022

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

Heard.

The appellant-petitioner has been convicted under sections 7 and 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of one month for the offence under section 7 of the P.C. Act and R.I. for a period of one year and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of one month for the offence under section 13(2) read with 13(1)(d) of the P.C. Act and both the sentences were to run concurrently by the learned Special Judge (Vigilance), Bolangir in C.T.R. Case No.20 of 2017.

Perused the impugned judgment.

// 3 //

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 one year 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.

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

// 4 //

like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1577 of 2022

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.

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

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

( S.K. Sahoo) Judge

RKM