Prakash Mahalik @ Kalia vs State Of Odisha (Vig.)
2023 Latest Caselaw 8703 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        CRLA No.835 of 2023

                   Prakash Mahalik @ Kalia                         ....      Appellant/
                                                                           Petitioner

                                                Mr.P. Panigrahi, Advocate

                                                       -versus-

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

                                                Mr.Sanjay Kumar Das,
                                                Standing Counsel (Vig.)
                                             CORAM:
                                         JUSTICE S.K. SAHOO

                                               ORDER

Order No.                                    07.08.2023
                                      CRLA No.835 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 applications. He undertakes to file his appearance memo by the end of this month.

Heard.

Admit.

Call for the trial Court records. List this matter along with CRLA No.797 of 2023 Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2023 17:24:52 // 2 //

indicating the name of Mr. Sanjay 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 records.

( S.K. Sahoo) Judge

I.A. No.1776 of 2023

02. This interim application has been filed by the appellant-petitioner for grant of bail under section 389 Cr.P.C.

Heard learned counsel for the appellant- petitioner and learned Standing Counsel for the Vigilance Department.

The appellant-petitioner Prakash Mahalik @ Kalia has been convicted for the offences punishable under sections 7/12 of the Prevention of Corruption Act (for short, "P.C. Act") and sentenced to undergo R.I. for a period of 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 three months for the offence punishable under section 7/12 of P.C. Act by the learned Addl. Sessions Judge -cum- Special Judge (Vigilance), Dhenkanal in V.G.R. Case No.03 of 2021.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and has never Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer

Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2023 17:24:52 // 3 //

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.

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.1777 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 Not Signature amount imposed on the appellant-petitioner Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer

Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2023 17:24:52 // 4 //

pursuant to the judgment and order dated 19th July 2023 passed by the learned Addl. Sessions Judge - cum- Special Judge (Vigilance), Dhenkanal in V.G.R. Case No.03 of 2021 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: 08-Aug-2023 17:24:52