Orissa High Court
Narayan Chandra Golari vs State Of Odisha (Vig.) on 8 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.443 of 2023
Narayan Chandra Golari .... Appellant/
Petitioner
Mr.D.R. Bhokta, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp. Party
Mr.Sanjay Kumar Dash
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 08.05.2023
CRLA No.443 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 application.
He undertakes to file his appearance memo during this
week.
Heard.
Admit
Call for the trial Court records.
// 2 //
List this matter indicating the name of Mr. Sanjay
Kumar Dash, learned Standing Counsel for the Vigilance
Department on the top of the brief as well as in the cause
list henceforth.
( S.K. Sahoo)
Judge
I.A. No.986 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 Narayan Chandra Golari
has been convicted under 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.10,000/-(rupees ten thousand), in default, to
undergo R.I. for a further period of six months for the
offence under section 13(2) of the Prevention of
Corruption Act and no substantive sentence has been
awarded for the offence under section 7 of the
Prevention of Corruption Act by the learned Special
Judge, Vigilance, Jeypore, Koraput in G.R. Case No.07 of
2014 (V).
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and has never
// 3 //
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 any
chance of early hearing of the appeal in the near future,
I am inclined to release the petitioner.
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. 969 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 11.04.2023 passed by
// 4 //
the learned Special Judge, Vigilance, Jeypore, Koraput in
G.R. Case No.07 of 2014 (V) 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
Sipun
Digitally
signed by
SIPUN SIPUN BEHERA
Date:
BEHERA 2023.05.10
10:07:26
+05'30'
