Prakash Chandra Mohanty vs State Of Odisha (Vig.)
2023 Latest Caselaw 8056 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.787 of 2023

                               Prakash Chandra Mohanty ....                           Appellant

                                                         Mr.A.R. Panda, Advocate

                                                            -versus-

                               State of Odisha (Vig.)                    ....        Respondent

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

      Order No.                                          24.07.2023
                                                   CRLA No.787 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 applications. He undertakes to file his appearance memo by the end of August.

Heard.

Admit Call for the trial Court records.

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

List this matter indicating the name of Mr. Sanjay 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.1675 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 Prakash Chandra Mohanty has been convicted for the offence under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act (for short, "P.C. Act") and sections 468/120-B of the Indian Penal Code (for short, "I.P.C.") and sentenced to undergo R.I. for a period of one year 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 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 sections 468 and 120-B of the Indian Penal Code

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

and all the substantive sentences were directed to run concurrently by the learned Special Judge (Vigilance), Berhampur, Ganjam in G.R. Case No.19/1998 (V)/T.R. No.65 of 2003.

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 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 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



 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

I.A. No.1676 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 7th July 2023 passed by the learned Special Judge (Vigilance), Berhampur, Ganjam in G.R. Case No.19/1998 (V)/T.R. No.65 of 2003 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