Maheswar Tandia vs State Of Odisha (Vig.)
2023 Latest Caselaw 8027 Ori

Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 25-Jul-2023 17:55:56


                              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                    CRLA No.737 of 2023

                               Maheswar Tandia                           ....        Appellant/
                                                                                   Petitioner

                                                        Mr.B.P. 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.                                         24.07.2023
                                                   CRLA No.737 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 August.

Heard.

Admit.

Call for the trial Court records. List this matter indicating the name of Mr. Sanjay Signature Not Verified Digitally Signed // 2 // Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jul-2023 17:55:56

Kumar Dash, learned Standing Counsel for the Vigilance Department in the cause list as well as at the top of the brief after receipt of the trial court records.

( S.K. Sahoo) Judge

I.A. No.1564 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 Maheswar Tandia has been convicted under section 13(2) read with section 13(1)(d) and section 7 of the Prevention of Corruption Act (for short, "P.C. Act") and sentenced to undergo R.I. for a period of two years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo R.I. for a further period of three months for the offence under section 13(2) read with section 13(1)(d) of the P.C. Act and sentenced to undergo R.I. for a period of one year 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 7 of the P.C. Act and both the sentences were directed to run concurrently by the learned Special Judge (Vigilance), Sundargarh in Case No. CTR 39/116 of 2010-16.

Signature Not Verified Digitally Signed // 3 // Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jul-2023 17:55:56

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and has never misutilized the liberty granted to him and 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, the fact that the petitioner was on bail during trial 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 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.1565 of 2023

03. This is an application for stay of realization of fine.

Heard.

Signature Not Verified Digitally Signed // 4 // Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jul-2023 17:55:56

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 19.06.2023 passed by the learned Special Judge (Vigilance), Sundargarh in Case No. CTR 39/116 of 2010-16 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 sipun