Orissa High Court
Bijay Kumar Naik vs Central Bureau Of on 9 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.868 of 2023
Bijay Kumar Naik .... Appellant/
Petitioner
Mr.B.B. Routray, Advocate
-versus-
Central Bureau of .... Respondent/
Investigation Opp.Party
Mr.Sarthak Nayak,
Special Public Prosecutor (CBI)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.08.2023
CRLA No.868 of 2023
02. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Heard.
Admit
Call for the trial Court records.
( S.K. Sahoo)
Judge
I.A. No.1843 of 2023
03. This is an application for bail.
Heard learned counsel for the appellant-petitioner
and learned Special Public Prosecutor for the C.B.I..
// 2 //
The appellant-petitioner Bijay Kumar Naik has been
convicted under sections 409/420/467/468/471 of the
Indian Penal Code and section 13(2) read with section
13(1)(c)(d) of the Prevention of Corruption Act, 1988
and sentenced to undergo R.I. for a period of four years
with fine of Rs.10,000/- (rupees ten thousand), in
default, to undergo R.I. for six months for the offence
under section 409 of the Indian Penal Code, to undergo
R.I. for a period of two years with fine of Rs.5,000/-
(rupees five thousand), in default, to undergo R.I. for
four months for the offence under section 420 of the
Indian Penal Code, to undergo R.I. for a period of two
years with fine of Rs.5,000/- (rupees five thousand), in
default, to undergo R.I. for four months for the offence
under section 467 of the Indian Penal Code, to undergo
R.I. for a period of two years with fine of Rs.5,000/-
(rupees five thousand), in default, to undergo R.I. for
four months for the offence under section 468 of the
Indian Penal Code, to undergo R.I. for a period of two
years with fine of Rs.5,000/- (rupees five thousand), in
default, to undergo R.I. for four months for the offence
under section 471 of the Indian Penal Code, to undergo
R.I. for a period of four years with fine of Rs.10,000/-
(rupees ten thousand), in default, to undergo R.I. for six
months for the offence under section section 13(2) read
with section 13(1)(c)(d) of the Prevention of Corruption
Act, 1988 and all the sentences were directed to run
// 3 //
concurrently by the learned Special Judge, C.B.I.-I,
Bhubaneswar in T.R. Case No. 05 of 2017.
Learned counsel for the petitioner submitted that the
petitioner was never arrested during the course of
investigation and only 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 appeal.
Learned Special Public Prosecutor for the C.B.I.
opposed the prayer for bail.
Considering the submissions made by the learned
counsel for the respective parties, the fact that he was
never arrested during the course of investigation, 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
// 4 //
I.A. No. 1844 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 28.07.2023 passed by
the learned Special Judge, C.B.I.-I, Bhubaneswar in T.R.
Case No. 05 of 2017 pending disposal of the criminal
appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
PKSahoo
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 09-Aug-2023 15:57:06
