Orissa High Court
Gagan Bihari Sahoo vs State Of Odisha on 18 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.545 of 2023
Gagan Bihari Sahoo .... Appellant/
Petitioner
Mr.D.P. Das, Advocate
-versus-
State of Odisha .... Respondent/
(Vigilance) Opp. Party
Mr. Sanjay Kumar Dash
Standing Counsel (Vigilance)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 18.05.2023
CRLA No.545 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 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.1205 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 Gagan Bihari Sahoo has
been convicted under section 13(2) read with section
13(1)(d) and section 7 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.20,000/-(rupees twenty
thousand only), in default, to undergo R.I. for a further
period of six months for the offence under section 7 of
the Prevention of Corruption Act and to undergo R.I. for
a period of two years and to pay a fine of Rs.20,000/-
(rupees twenty thousand only), in default, to undergo
R.I. for a further period of six months of the offence
under section 13(2) read with section 13(1)(d) of the
Prevention of Corruption Act and both the substantive
sentences were directed to run concurrently by the
learned Addl. Sessions Judge -cum- Special Judge
// 3 //
(Vigilance), Dhenkanal in V.G.R. Case No.18 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 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.1206 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 and order dated 10.05.2023 passed by
the learned Addl. Sessions Judge -cum- Special Judge
(Vigilance), Dhenkanal in V.G.R. Case No.18 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
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 19-May-2023 16:58:05
