Karunakar Panda vs State Of Odisha (Vig.)
2023 Latest Caselaw 7058 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.586 of 2023

              Karunakar Panda                    ....        Appellant/
                                                           Petitioner
                                Mr.S. Mohanty, 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.586 of 2023
   01.            This     matter   is   taken        up   through   Hybrid

arrangement (video conferencing/physical Mode).

Mr. Sanjay Kumar Dash, learned Standing Counsel for the Vigilance Department undertakes to file his appearance memo by 15th July 2023.

Heard.

Admit Call for the trial Court records. List this matter 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 // 2 //

list henceforth.

( S.K. Sahoo) Judge

I.A. No.1290 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 Karunakara Panda has been convicted under section 13(2) read with section 13(1)(c) of the Prevention of Corruption Act and under section 409 of the Indian Penal Code and for each of the offences under section 13(2) read with section 13(1)(c) of the Prevention of Corruption Act and under section 409 of the Indian Penal Code is sentenced to undergo R.I. for a period of three years and half months and to pay a fine of Rs.3,00,000/- (rupees three lakhs) and in default, to undergo R.I. for a further period of six months for each of the offences and all the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Special Judge (Vigilance), Bhawanipatna in G.R. (Vigilance) Case No.14 of 2009 / T.R. No.46 of 2011.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never

// 3 //

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 I.A. No.1291 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 17.05.2023 passed by

// 4 //

the learned Addl. Sessions Judge -cum- Special Judge (Vigilance), Bhawanipatna in G.R. (Vigilance) Case No.14 of 2009/ T.R. No.46 of 2011 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