Orissa High Court
Susama Singh vs State Of Odisha (Vig.) on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.516 of 2023
Susama Singh .... Appellant/
Petitioner
Mr.B.K. Ragada, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp.Party
Mr.Sanjay Kumar Dash
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 15.03.2023
CRLA No.516 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 the ensuing summer vacation.
Heard.
Admit
Call for the trial Court records.
List this matter indicating the name of Mr.
// 2 //
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.1131 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 Susama Singh has been
convicted for the offence under section 13(1)(c) of the
Prevention of Corruption Act, 1988 and under section
409 of the Indian Penal Code and sentenced to
undergo R.I. for a period of two years and to pay a
fine of Rs.3,000/-(rupees ten thousand), in default, to
undergo R.I. for a further period of two months for
the offence under section 13(1)(c) of the Prevention
of Corruption Act, 1988 and sentenced to undergo
R.I. for a period of one year and to pay a fine of
Rs.2,000/- (rupees two thousand), in default, to
undergo R.I. for a further period of one month for the
offence under section 409 of the Indian Penal Code
and both the sentenced were directed to run
concurrently by the learned Special Judge (Vigilance),
Berhampur, Ganjam in G.R. Case No.49 of 2009(V)/
T.R. No.21 of 2011.
// 3 //
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and she has
never misutilized the liberty granted to her 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 and further taking into account the
proviso to section 437(1) of Cr.P.C., 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. 1130 of 2023
03. This is an application for stay of realization of
fine.
Heard.
// 4 //
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 dated 29.04.2023 passed
by the learned Special Judge (Vigilance), Berhampur,
Ganjam in G.R. Case No.49 of 2009(V)/ T.R. No.21 of
2011 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
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 17-May-2023 13:33:30
