Swosti Ranjan Mohapatra vs State Of Odisha
2023 Latest Caselaw 4754 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.442 of 2023

              Swosti Ranjan Mohapatra              ....     Appellant/
                                                           Petitioner

                                  Mrs. D. Nanda, Advocate

                                        -versus-

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

                                  Mr. Sanjay Kumar Das
                                  Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                    ORDER

Order No. 01.05.2023

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

Mr. Sanjay Kumar Das, learned Standing Counsel appearing for the Vigilance Department submitted that he has received the copy of the appeal memo along with the impugned judgment and interim applications for bail and stay realization of fine and he will file his appearance memo by end of this month.

In case such appearance memo is filed, the same be taken on record and the name of Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department shall be reflected in the cause list as well as at the top of the brief.

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Heard.

Admit.

Call for the trial Court record. This matter be listed along with CRLA No.367 of 2023 and CRLA No.426 of 2023.

( S.K. Sahoo) Judge

I.A. No.966 of 2023

02. This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under section 13(2) read with section 13(1)(d) of the P.C. Act, 1988 and sections 468/120-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.50,000/- (rupees fifty thousand), in default, to undergo R.I. for a further period of six months for the offences under sections 13(2)/13(1)(d) of the P.C. Act, 1988, R.I. for a period of three years and to pay a fine of Rs.50,000/-(rupees fifty thousand), in default, to undergo R.I. for a further period of six months for the offence under section 468 of the Indian Penal Code and R.I. for a period of three years and to pay a fine of Rs.50,000/-(rupees fifty thousand), in default, to undergo R.I. for a further period of six months for the

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offence under section 120-B of the Indian Penal Code and all the substantive sentences were directed to run concurrently by the learned Special Judge Vigilance, Bhubaneswar in T.R. Case No.22 of 2008.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilised his liberty and the substantive sentence imposed by the learned trial Court against the petitioner is for three years and after conviction, he has also been released on bail by the learned trial Court and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Learned Standing Counsel for the Vigilance Department opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation of misutilization of his liberty while on bail and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

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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 local 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.967 of 2023

03. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

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

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

RABINDR Digitally signed by RABINDRA A KUMAR KUMAR MISHRA Date: 2023.05.03 MISHRA 13:24:27 +05'30'