Orissa High Court
Gopal Chandra Mahalik vs State Of Odisha (Vig.) on 21 June, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.622 of 2023
Gopal Chandra Mahalik .... Appellant/
Petitioner
Mr.D.P. Das, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp. Party
Mr.Sanjay Kumar Dash
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 21.06.2023
CRLA No.622 of 2023
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical Mode).
Heard.
Admit
Call for the trial Court records.
Mr. Sanjay Kumar Dash, learned Standing Counsel
for the Vigilance Department submits that two of the co-
accused who have also been convicted, preferred two
separate criminal appeals i.e. CRLA No.603 of 2023 and
CRLA No.606 of 2023 which have been admitted and bail
have been granted.
// 2 //
Mr. Sanjay Kumar Dash, learned Standing Counsel
for the Vigilance Department undertakes to file his
appearance memo by 15th July 2023.
List this matter along with CRLA No.603 of 2023 and
CRLA No.606 of 2023 indicating the name of Mr. Sanjay
Kumar Dash, learned Standing Counsel for the Vigilance
Department on the top of the brief as well as in the cause
list henceforth.
( S.K. Sahoo)
Judge
I.A. No.1349 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 Gopal Chandra Mahalik has
been convicted for the offence under section 13(2) of
the Prevention of Corruption Act and under section 120-
B of the Indian Penal Code and sentenced to undergo
R.I. for a period of three years and to pay a fine of
Rs.10,000/-(rupees ten thousand), in default, to
undergo R.I. for a further period of two months for the
offence under section 13(2) of the Prevention of
Corruption Act and 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
// 3 //
period of one month for the offence under section 120-B
of the Indian Penal Code and both the substantive
sentences were directed to run concurrently by the
learned Special Judge (Vigilance), Baripada in V.G.R.
Case No.42 of 2010 / T.C. No.172 of 2013.
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.
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
// 4 //
I.A. No.1350 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 19.05.2023 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
Sipun
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 22-Jun-2023 16:26:11
