Orissa High Court
Surendra Kumar Patel vs State Of Odisha (Vig.) on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.363 of 2023
Surendra Kumar Patel .... Appellant/
Petitioner
Mr. K. Panda, Advocate on
behalf of Mr. M. Chand,
Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp. Party
Mr.Sanjay Kumar Das,
Standing Counsel(Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 01.05.2023
CRLA No.363 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 further submitted that he has already
filed his appearance memo on 27.04.2023. Registry to
place the same on record.
Heard.
Admit
// 2 //
Call for the trial Court records.
( S.K. Sahoo)
Judge
I.A. No.784 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 Surendra Kumar Patel
has been convicted for the offence punishable under
section 7 and 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 four years
and to pay a fine of Rs.1,000/-(rupees one
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 and sentenced to
undergo R.I. for a period of three years and to pay a
fine of Rs.1,000/- (rupees one thousand), in default,
to undergo R.I. for a further period of one month for
the offence under section 7 of the Prevention of
Corruption Act and both the sentences were directed
to run concurrently by the learned Special Judge,
Vigilance, Sundargarh in CTR Case No.29/230 of
2015-16.
Learned counsel for the petitioner submitted that
// 3 //
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
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.785 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
// 4 //
of fine amount imposed on the appellant-petitioner
pursuant to the judgment and order dated 28.03.2023
passed by the learned Special Judge, Vigilance,
Sundargarh in CTR Case No.29/230 of 2015-16
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
SIPUN byBEHERA
SIPUN
BEHERA Date: 2023.05.04
18:51:25 +05'30'
