Orissa High Court
Vinod Kumar vs State Of Odisha (Vig.) on 10 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1219 of 2022
Vinod Kumar .... Appellant/
Petitioner
Mr.Devashis Panda, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp.Party
Mr. Sanjay Kumar Das,
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 10.01.2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Defect as pointed out by the S.R. is removed as
authentication fees of Rs.6/- has been filed. The memo
filed to that effect in Court today is taken on record.
Heard.
Admit.
Call for the Trial Court Record.
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
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during this week.
In case such appearance memo is filed, the same is
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.
( S.K. Sahoo)
Judge
I.A. No.2354 of 2022
02. This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard.
The appellant-petitioner has been convicted under
sections 13(2) read with section 13(1)(d) of the
Prevention of Corruption Act, 1988 and sections 467,
468, 471, 420 and 120-B of the Indian Penal Code and
sentenced to undergo R.I. for a period three years and
to pay a fine of Rs.50,000/- (rupees fifty thousand) in
default, to undergo R.I. for a period of six months more
for the offence under sections 13(2) read with section
13(1)(d) of the Prevention of Corruption Act, 1988 and
sentenced to undergo R.I. for a period of three years
and to pay a fine of Rs.50,000/- (rupees fifty thousand)
in default, to undergo R.I. for a period of six months
more for the offence under section 467 of the Indian
Penal Code, sentenced to undergo R.I. for a period three
years and to pay a fine of Rs.50,000/- (rupees fifty
thousand) only in default, to undergo R.I. for a period of
six months for the offence under section 468 of the
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Indian Penal Code, sentenced to undergo R.I. for a
period of three years and to pay a fine of Rs.50,000/-
(rupees fifty thousand) only in default, to undergo R.I.
for a period of six months more for the offence under
section 471 of the Indian Penal Code, sentenced to
undergo R.I. for a period three years and to pay a fine of
Rs.50,000/- (rupees fifty thousand) in default, to
undergo R.I. for a period of six months more for the
offence under section 420 of the Indian Penal Code and
sentenced to undergo R.I. for a period of three years
and to pay a fine of Rs.50,000/- (fifty thousand) only in
default, to undergo R.I. for a period of six months more
for the offence under section 120-B of the Indian Penal
Code by the learned Special Judge (Vigilance),
Bhubaneswar in T.R. Case No. 33 of 2009.
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
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.
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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 on surrendering 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.2353 of 2022
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.
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
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