Orissa High Court
Kishan Kumar vs State Of Odisha (Vig.) on 21 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.922 of 2023
Kishan Kumar .... Appellant/
Petitioner
-versus-
State of Odisha (Vig.) .... Respondent/
Opp.Party
Mr. Sanjay Kumar Dash
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 21.08.2023
CRLA No. 922 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 submitted that he has
received the copy of the appeal memo along with the
copies of the impugned judgment and interim application.
He undertakes to file his appearance memo by the end of
September, 2023.
Heard.
Admit
Call for the trial Court records.
List this matter indicating the name of Mr. Sanjay
// 2 //
Kumar Dash, learned Standing Counsel for the Vigilance
Department in the cause list henceforth.
( S.K. Sahoo)
Judge
I.A. No.1970 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 Kishan Kumar has been
convicted under sections 468/471/406/420/120-B of the
Indian Penal Code and sentenced to undergo R.I. for a
period of three years and to pay a fine of Rs.10,000/-
(rupees ten thousand), in default, to undergo R.I. for a
further period of six months for the offence under
section 468 of the IPC, 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 the offence under section 471
of the IPC, to undergo R.I. for a period of two years and
to a fine of Rs.5,000/- (rupees five thousand), in
default, to undergo R.I. for a further period of two
months for the offence under section 406 of the IPC, to
undergo R.I. for a period of three years and to pay a fine
of Rs.75,000/- (rupees seventy five thousand), in
default, to undergo for a further period of six months for
// 3 //
the offence under section 420 of the IPC and to undergo
R.I. for a period of six months 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 under section 120-B of the IPC and all the
sentences were directed to run concurrently by the
learned Additional Sessions Judge-cum-Special Judge
(Vigilance), Bhawanipatna in Special G.R. (Vigilance)
Case No.14 of 2017 (T.R. Case No. 19 of 2018).
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and has never
misutilized the liberty granted to him and after conviction,
he was taken into custody. 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
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
// 4 //
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. 1971 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 by the
learned trial Court 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
amit
