Orissa High Court
Umesh Chandra Swain vs State Of Odisha(Vig.) on 8 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.471 of 2023
Umesh Chandra Swain .... Appellant/
Petitioner
Mr.Bhabani Samal, Advocate
-versus-
State of Odisha(Vig.) .... Respondent/
Opp. Party
Mr.Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 08.05.2023
CRLA No.471 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 within a week.
Heard.
Admit
Call for the trial Court records.
( S.K. Sahoo)
Judge
// 2 //
I.A. No.1042 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 Umesh Chandra 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 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 offence punishable under section
13(1)(d) read with section 13(2) of the Prevention of
Corruption Act, 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 offence under section 468 of
the Indian Penal Code and 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 offence under section 120-B of the
Indian Penal Code and all the 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 has never
misutilized the liberty granted to him and therefore, the
// 3 //
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.1041 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 27.03.2023 passed by
the learned Special Judge, Vigilance, Bhubaneswar in T.R.
Case No.22 of 2008 pending disposal of the criminal
appeal.
// 4 //
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
I.A. No.1043 of 2023
04. This is an application for stay of order of conviction.
Heard.
Learned Standing Counsel for the Vigilance
Department submits that he will file objection to the
interim application.
List this matter along with its connected matter i.e.
CRLA No.367 of 2023 after ensuing summer vacation.
A free copy of the order be handed over to the
learned Standing Counsel for the Vigilance Department.
( S.K. Sahoo)
Judge
Sipun
Digitally signed
SIPUN byBEHERA
SIPUN
BEHERA Date: 2023.05.10
10:13:22 +05'30'
