Bhagaban Behera vs State Of Odisha (Vig.)
2023 Latest Caselaw 7183 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.647 of 2023

              Bhagaban Behera                    ....        Appellant/
                                                           Petitioner

                                Mr.D.K. Mohanty, Advocate

                                    -versus-

              State of Odisha (Vig.)             ....    Respondent/
                                                       Opp.Party

                                Mr. Sanjay Kumar Das
                                Standing Counsel (Vig.)
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No.                      03.07.2023
                            CRLA No.647 of 2023
   01.            This     matter   is   taken        up    through     Hybrid

arrangement (video conferencing/physical Mode).

Mr. Sanjay Kumar Das, 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 this month.

Heard.

Admit Call for the trial Court records. List this matter indicating the name of Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance // 2 //

Department on the top of the brief as well as in the cause list henceforth.

Mr. Sanjay Kumar Das, learned Standing Counsel appearing for the Vigilance Department submitted that this criminal appeal is connected to CRLA No.603 of 2023,CRLA No.606 of 2023 and CRLA No.622 of 2023.

In view of such submission, this matter be listed along with CRLA No.603 of 2023, CRLA No.606 of 2023 and CRLA No.622 of 2023 all times in future.

( S.K. Sahoo) Judge

I.A. No.1395 of 2023

02. This is an application for grant of bail.

Heard learned counsel for the appellant and learned Standing Counsel for the Vigilance Department.

The appellant-petitioner has been convicted under section 13(2) of the Prevention of Corruption Act 1988 and section 120-B of the Indian Penal Code and sentenced to undergo R.I. for a period of three years and to pay fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a period of two months for the offence under section 13(2) of the P.C. Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5000/- (five

// 3 //

thousand), in default, to undergo further R.I. for a period of one month for the offence under section 120-B of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Special Judge (Vigilance), Baripada in V.G.R. No.42 of 2010/T.C. Case No. 172 of 2013.

Perused the impugned judgment. Learned counsel for the petitioner submits that the petitioner was on bail during trial and he has never misutilised his liberty and there is no chance of early hearing of the appeal in the near future and the balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the Vigilance Department opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, nature of evidence available on record and taking into account the period of sentence imposed by the learned trial Court and absence of any chance of early hearing of the appeal in near future and the fact that the petitioner was on bail during trial, the prayer for bail is allowed.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing a 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. 1397 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 19.03.2023 passed by the learned Special Judge, Vigilance, Baripada in V.G.R. Case No. 42 of 2010/T.C. No.172 of 2013 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

I.A. No.1396 of 2023 04 This is an application for suspension of sentence.

Learned counsel for the appellant wants to withdraw

// 5 //

this interim application in order to file a better one.

In view of such, the I.A. stands disposed of as withdrawn.

( S.K. Sahoo) Judge

P

Signature Not Verified Digitally Signed Signed by: PRAVAKAR NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA Date: 06-Jul-2023 14:24:35