Orissa High Court
Sarata Kumar Dash vs State Of Odisha on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.504 of 2023
Sarata Kumar Dash .... Appellant/
Petitioner
Mr.D. Tripathy, Advocate
-versus-
State of Odisha .... Respondent/
Opp.Party
Mr. Sanjay Kumar Dash
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 15.05.2023
CRLA No. 504 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Learned counsel for the appellant submits that
defect no. 9 will be removed within one week after the
reopening of the Courts after the ensuing summer
vacation.
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
// 2 //
memo by the end of this month.
Heard.
Admit
Call for the trial Court records.
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.1109 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 Sarat Kumar Dash has
been convicted under section 7 and under section
13(2) read with section 13(1)(d) of the Prevention of
Corruption Act 1988 and sentenced to undergo R.I.
for a period of three years and to pay a fine of
Rs.10,000/-(rupees ten thousand), in default, to
undergo R.I. for a further period of two months for
the offence under section 7 of the P.C. Act and to
undergo R.I. for a period of four years and to pay a
// 3 //
fine of Rs.10,000/-(rupees ten thousand), in default,
to undergo R.I. for a further period of two months for
the offence under section 13(1)(d)/13(2) of the
P.C.Act by the learned Special Judge, Special Court,
Bhubaneswar in T.R. Case No. 30 of 2015.
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. 1110 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 27.04.2023
passed by the learned Special Judge, Special Court,
Bhubaneswar in T.R. Case No. 30 of 2015 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
Signature
PKSahoo Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 16-May-2023 16:02:00
