Orissa High Court
Ashoka Kumar Hota vs State Of Odisha on 7 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.97 of 2023
Ashoka Kumar Hota .... Appellant
Mr. S. Sharma, Advocate
-versus-
State of Odisha .... Respondent
(Vigilance)
Mr. Sanjay Kumar Das
Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 07.02.2023
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 this month.
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
the brief.
// 2 //
Heard.
Admit.
Call for the trial Court record.
( S.K. Sahoo)
Judge
I.A. No.201 of 2023
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 13(1)(e) read with section 13(2) of the
Prevention of Corruption Act 1988 and 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 by the
learned Special Judge (Vigilance), Berhampur in G.R.
Case No.16 of 1997(V)/T.R. No.56 of 2000.
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 two 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
chance of early hearing of appeal in the near future and
balance of convenience is in favour of the petitioner and
// 3 //
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
I.A. No.202 of 2023
03. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
// 4 //
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
