Santosh Kumar Patra vs State Of Odisha
2023 Latest Caselaw 1928 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLMP No.886 of 2022

              Santosh Kumar Patra                   ....          Petitioner

                                   Mr. B.P. Mohanty, Advocate

                                         -versus-

              State of Odisha                       ....      Opp. Party
              (Vigilance)

                                   Mr. Sanjay Kumar Das
                                   Standing Counsel (Vig.)

                                    CORAM:
                               JUSTICE S.K. SAHOO
                                     ORDER

Order No. 03.03.2023

07. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the petitioner seeks one week time to remove the defects as pointed out by the Stamp Reporter.

The petitioner Santosh Kumar Patra faced trial in the Court of learned Special Judge (Vigilance), Berhampur, Ganjam in G.R. Case No.38 of 2008(V)/T.R. No.66 of 2011 for offences punishable under section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988 and vide judgment and order dated 27.01.2022, the said Santosh Kumar Patra was found guilty under the offence charged and sentenced to undergo R.I. for three years and to pay a // 2 //

fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo R.I. for six months more. He preferred Criminal Appeal No.124 of 2022 on 14.02.2022 challenging the impugned judgment and order of conviction passed by the learned trial Court. On 17.02.2022, the criminal appeal was admitted and the trial Court record was called for and the order was passed regarding suspension of sentence and stay of realization of fine on the very same day in I.A. No.214 of 2022.

It seems that though the petitioner filed an application for bail pending disposal of the criminal appeal vide I.A. No.215 of 2022, no order was passed on such interim application. Another application vide I.A. No.216 of 2022 was filed by the petitioner for appropriate order and the learned Standing Counsel for the Vigilance Department also filed objection to such application .

When the matter was listed on 29.04.2022, an order was passed for conversion of CRLA to CRLMP and accordingly, CRLMP No.886 of 2022 has been registered.

Learned counsel for the petitioner submitted that order of some other case has been inadvertently incorporated in the order dated 29.04.2022 and he wants to file an interim application to recall the order dated 29.04.2022.

// 3 //

In case such an interim application is filed for recalling the order dated 29.04.2022, the same be placed before the appropriate Bench with the approval of the Hon'ble Chief Justice.

A free copy of this order be handed over to Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department.

( S.K. Sahoo) Judge

RKM