Orissa High Court
Brajabandhu Sethi vs State Of Odisha (Vig.) on 31 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.814 of 2023
Brajabandhu Sethi .... Appellant/
Petitioner
Mr.P.K. Swain, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp. Party
Mr.Sanjay Kumar Das,
Standing Counsel(Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 31.07.2023
CRLA No. 814 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 after receipt of the trial Court
records indicating the name of Mr. Sanjay Kumar Das,
learned Standing Counsel for the Vigilance Department in
// 2 //
the cause list as well as at the top of the brief.
( S.K. Sahoo)
Judge
I.A. No.1733 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 Brajabandhu Sethi has been
convicted for the offences under sections 7 and 13(1)(d)
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 three months for the
offence under section 7 of the P.C. Act and to undergo
R.I. for a period of three years and to pay a fine of
Rs.5,000/-(rupees five thousand), in default, to undergo
R.I. for a further period of three months for the offence
under section 13(1)(d) of the P.C. Act and both the
sentences were directed to run concurrently by the
learned Special Judge, Vigilance, Bhubaneswar in T.R.
Case No.07 of 2023.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and he 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.
// 3 //
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
I.A. No.1732 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 10.07.2023 passed by
the learned Special Judge, Vigilance, Bhubaneswar in T.R.
Case No.07 of 2023 pending disposal of the criminal
appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
// 4 //
Free copy of the order be supplied to the learned
counsel for the Vigilance Department.
( S.K. Sahoo)
Judge
PKSahoo
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 01-Aug-2023 15:00:43
