Orissa High Court
Dharanidhar Swain vs State Of Odisha on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.433 of 2023
Dharanidhar Swain .... Appellant/
Petitioner
Ms. Sanjukta Patra, Advocate
-versus-
State of Odisha .... Respondent/
(Vigilance) Opp. Party
Mr. Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 01.05.2023
CRLA No.433 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 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 during the ensuing summer vacation.
Heard.
Admit
Call for the trial Court records.
( S.K. Sahoo)
Judge
// 2 //
I.A. No.952 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 Dharanidhar Swain has
been convicted for the offence punishable under
section 13(1)(d) read with section 13(2) of the
Prevention of Corruption Act 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 one month for the
offence punishable under section 13(1)(d) read with
section 13(2) of the Prevention of Corruption Act by
the learned Special Judge (Vigilance), Berhampur,
Ganjam in G.R. Case No.41/2016(V)/T.R. No.10/2017.
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
// 3 //
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.951 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 dated 10.04.2023 passed
by the learned Special Judge (Vigilance), Berhampur,
Ganjam in G.R.Case No.41/2016(V)/T.R. No.10/2017
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
Digitally signed by SIPUN
SIPUN BEHERA BEHERA
Date: 2023.05.04 18:53:30
+05'30'
