Pratap Ranjan Srichandan vs State Of Odisha
2023 Latest Caselaw 2672 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.320 of 2023

              Pratap Ranjan Srichandan            ....         Appellant/
                                                             Petitioner

                                  Mr.T.J. Pani, Advocate

                                     -versus-

              State of Odisha                     ....        Respondent/
                                                            Opp.Party

                                  Mr.Rajesh Tripathy,
                                  Addl. Standing Counsel

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                    ORDER

Order No.                         03.04.2023
                            CRLA No.320 of 2023

   01.            This     matter    is   taken        up    through   Hybrid

arrangement (video conferencing/physical Mode).

Mr. Sanjay Kumar Dash, learned Standing Counsel for the Vigilance Department submitted that he has received the copy of the appeal memo along with the copies of the impugned judgment and interim application. He undertakes to file his appearance memo by the 2nd week of April 2023.

Heard.

Admit Call for the trial Court records. List this matter indicating the name of Mr. Sanjay Kumar Dash, learned Standing Counsel for the Vigilance // 2 //

Department on the top of the brief as well as in the cause list henceforth.

( S.K. Sahoo) Judge I.A. No.700 of 2023

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 Pratap Ranjan Srichandan has been convicted under sections 7 and 13(1)(d) of the Prevention of Corruption Act 1988 and sentenced to undergo R.I. for a period of three years for the offence under section 7 of the P.C. Act and to undergo R.I. for four years and to pay a fine of Rs.5,000/-(rupees five thousand), in default, to undergo R.I. for a further period of two months under section 13(1)(d) of the P.C. Act and both the sentences were directed to run concurrently by the learned Special Judge (Vigilance), Bhubaneswar in T.R. Case No. 02 of 2016.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and has never misutilized the liberty granted to him and after pronouncement of the judgment, he has been taken into judicial custody and therefore, the petitioner may be directed to be released on bail pending disposal of the

// 3 //

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, 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.

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. 701 of 2023

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 13.03.2023 passed by the learned Special Judge (Vigilance), Bhubaneswar in

// 4 //

T.R. Case No. 02 of 2016 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