Orissa High Court
G.Subash Chandra Bose vs State Of Odisha (Vig.) on 11 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.507 of 2023
G.Subash Chandra Bose .... Petitioner
Mr.D.R. Bhokta, Advocate
-versus-
State of Odisha (Vig.) .... Opp. Party
Mr.Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 11.05.2023
CRLA No.507 of 2023
02. 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
by the end of June 2023.
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.1116 of 2023
03. This is an application for bail.
Heard learned counsel for the appellant-petitioner
and learned Standing Counsel for the Vigilance
Department.
The appellant-petitioner G. Subash Chandra Bose
has been convicted under sections 420/468/471/379 of
the Indian Penal Code, section 27 of the Orissa Forest
Act and section 13(2) read with section 13(1)(c) of the
Prevention of Corruption Act 1988 and sentenced to
undergo R.I. for a period of two years and to pay a fine
of Rs.10,000/-(rupees ten thousand), on each count
under sections 420/468/471/379 of the Indian Penal
Code and in default, to undergo R.I. for a further period
of six months on each count for the offence under
sections 420/468/471/379 of the Indian Penal Code, to
undergo R.I. for a period of one year and to pay a fine of
Rs.2,000/- (rupees two thousand) for the offence under
section 27 of the Orissa Forest Act along with section
// 3 //
13(2) read with section 13(1)(c) of the Prevention of
Corruption Act 1988, in default, to undergo R.I. for a
further period of two months and all the substantive
sentences were directed to run concurrently by the
learned Special Judge, Vigilance, Jeypore, Koraput in
G.R. Case No.24 of 1998 (V)/ T.R. No.06 of 2009.
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 the near future,
I am inclined to release the petitioner on bail.
Let the appellant-petitioner be released on
surrendering before the learned trial Court 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.
// 4 //
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.1117 of 2023
04. 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 27.04.2023 passed by
the learned Special Judge, Vigilance, Jeypore, Koraput in
G.R. Case No.24 of 1998 (V)/T.R. No.06 of 2009 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
SIPUN Digitally
signed by
SIPUN BEHERA
BEHE Date:
2023.05.12
RA 16:12:20
+05'30'
