P. Ghasinath vs State Of Odisha (Vig.)
2023 Latest Caselaw 8861 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.563 of 2023

              P. Ghasinath                       ....       Appellant/
                                                          Petitioner

                                   Mr.R.C. Pradhan, Advocate

                                      -versus-

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

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

                                 ORDER

Order No.                      08.08.2023
                           CRLA No.563 of 2023

   02.             This   matter    is   taken   up    through    Hybrid

arrangement (video conferencing/physical Mode).

The defects as pointed out by the Stamp Reporter have been removed.

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 further submitted that he has filed his appearance memo on 27.07.2023.

Let the Registry place the same on record.

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Heard.

Admit.

Call for the trial Court records. List this matter 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. Since it is a vigilance appeal, the word 'Vigilance' shall be mentioned after 'State of Odisha' in the cause list as well as at the top of the brief henceforth.

( S.K. Sahoo) Judge

I.A. No.1242 of 2023

03. 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 P. Ghasinath has been convicted for the offence punishable under section 13(1)(c)/13(2) of the Prevention of Corruption Act (for short, "P.C. Act") and section 409 of the Indian Penal Code (for short, "I.P.C.") sentenced to undergo R.I. for a period of two 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 for

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the offence punishable under section 13(1)(c) of P.C. Act and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo R.I. for a further period of one month for the offence punishable under section 409 of the I.P.C. and both the sentences were directed to run concurrently by the learned Special Judge (Vigilance), Berhampur, Ganjam in G.R. Case No.11 of 2007 (v)/T.R. No.07 of 2009.

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 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

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satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1243 of 2023

04. 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 10th May 2023 passed by the learned Special Judge (Vigilance), Berhampur, Ganjam in G.R. Case No.11 of 2007 (V)/T.R. No.07 of 2009 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

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Aug-2023 17:59:40