Manoranjan Behera vs State Of Odisha(Vig.)
2023 Latest Caselaw 3295 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.380 of 2023

              Manoranjan Behera                  ....      Appellant/
                                                         Petitioner

                                  Mr. S.R. Mohapatra, Advocate

                                      -versus-

              State of Odisha(Vig.)              ....     Respondent/
                                                        Opp.Party

                                  Mr. Sanjay Kumar Dash
                                  Standing Counsel (Vig.)

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                  ORDER

Order No.                       12.04.2023
                            CRLA No. 380 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 undertakes to file his appearance memo within a week.

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

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

I.A. No.824 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 Manoranjan Behera has been convicted under section 7 of the Prevention of Corruption Act and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.15,000/- (rupees fifteen thousand), in default, to undergo R.I. for a further period of five months by the learned Special Judge (Vigilance), Baripada, Mayurbhanj in V.G.R. Case No.01 of 2019/T.C. No.02 of 2020.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and after conviction, he has been granted bail by the learned trial Court and he has never misutilized the liberty granted to him and therefore, the petitioner may be directed to be released on bail pending disposal of the 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.

// 3 //

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. 825 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 31.03.2023 passed by the learned Special Judge (Vigilance), Baripada, Mayurbhanj in V.G.R. Case No.01 of 2019/T.C. No.02 of 2020 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 Sipun