Orissa High Court
Parsuram Pan vs State Of Odisha (Vig.) on 28 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.930 of 2023
Parsuram Pan .... Appellant/
Petitioner
Mr. P.K. Pani, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp.Party
Mr.Sanjay Kumar Das,
Standing Counsel(Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 28.08.2023
CRLA No.930 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Mr. Sanjay Kumar Das, 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 further submitted that he has already filed his
appearance memo on 26.08.2023.
Registry shall verify and place the same on record.
Heard.
Admit.
Call for the trial Court record.
List this matter indicating the name of Mr. Sanjay
// 2 //
Kumar Das, learned Standing Counsel for the Vigilance
Department in the cause list as well as at the top of the
brief after receipt of the trial court record.
( S.K. Sahoo)
Judge
I.A. No.1992 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 Parsuram Pan has been
convicted for the offence under section 13(2) read with
section 13(1)(d) and section 7 of the Prevention of
Corruption Act (for short, 'P.C. Act') and sentenced to
undergo R.I. for a period of two years and to pay a fine
of Rs.2,000/-(rupees two thousand), in default, to
undergo R.I. for a further period of two months for the
offence under section 13(2) read with section 13(1)(d)
the P.C. Act and sentenced to undergo R.I. for a period
of one year and to pay a fine of Rs.1,000/- (rupees one
thousand), in default, to undergo R.I. for a further
period of one month for the offence under section 7 of
the P.C. Act and both the substantive sentences were
directed to run concurrently by the learned Special
Judge (Vigilance), Sundargarh in Case No. C.T.R.33/142
// 3 //
of 2012-16.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and 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, the fact that the
petitioner was on bail during trial 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 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.1993 of 2023
03. This is an application for stay of realization of fine.
Heard.
// 4 //
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 29.07.2023
passed by the learned Special Judge (Vigilance),
Sundargarh in Case No. C.T.R.33/142 of 2012-16
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
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 29-Aug-2023 17:26:55
