Orissa High Court
Ranjan Kishore Behera vs State Of Odisha on 11 December, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1318 of 2023
Ranjan Kishore Behera .... Appellant/
Petitioner
Mr. B.S. Dasparida, Advocate
-versus-
State of Odisha .... Respondent /
(Vigilance) Opp. Party
Mr. Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 11.12.2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Mr. Sanjay Kumar Das, learned Standing Counsel
appearing for the Vigilance Department submitted that he
has received the copy of the appeal memo along with the
impugned judgment and interim applications for bail and
stay realization of fine and he will file his appearance
memo by end of December, 2023.
In case such appearance memo is filed, the same be
taken on record and the name of Mr. Sanjay Kumar Das,
learned Standing Counsel for the Vigilance Department
shall be reflected in the cause list as well as at the top of
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the brief.
Heard.
Admit.
Call for the trial Court record.
( S.K. Sahoo)
Judge
02. This is an application under Section 389 of Cr.P.C.
for grant of bail.
Heard.
The appellant-petitioner has been convicted under
section 7 of the P.C. Act, 1988 amended by Act 16 of
2018 and sentenced to undergo R.I. for a period of three
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 by the learned Special Judge (Vigilance),
Phulbani in G.R. Case No.15 of 2019(V)/ T.R. No.12 of
2021.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and he has never
misutilised his liberty and the substantive sentence
imposed by the learned trial Court against the petitioner
is for three years and after conviction, he has also been
released on bail by the learned trial Court and there are
good chances of success in the appeal and there is no
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chance of early hearing of appeal in the near future and
balance of convenience is in favour of the petitioner and
therefore, the bail application of the petitioner may be
favourably considered.
Learned Standing Counsel for the Vigilance
Department opposed the prayer for bail.
Considering the submissions of 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 there is no allegation of misutilization of
his liberty while on bail and absence of any chance of
early hearing of the appeal in the near future, the prayer
for bail is allowed.
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 local 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
03. Heard.
There shall be stay of realization of fine amount
// 4 //
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
The I.A. is disposed of.
A free copy of this order be handed over to Mr.
Sanjay Kumar Das, learned Standing Counsel for the
Vigilance Department.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 14-Dec-2023 11:56:10
