Orissa High Court
Md. Sabbir Hussain vs State Of Odisha (Vig.) on 28 November, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1280 of 2023
Md. Sabbir Hussain .... Appellant/
Petitioner
Mr. Dhirendra Kumar
Mohapatra, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp. Party
Mr. Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 28.11.2023
CRLA No.1280 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Mr. Sanjay Kumar Das, 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 further submitted that he has already
filed his appearance memo on 24.11.2023.
Registry shall verify and place the same on
record.
Heard.
Admit
// 2 //
Call for the trial Court records.
List this matter indicating the name of Mr. Sanjay
Kumar Dash, learned Standing Counsel for the Vigilance
Department in the cause list as well as at the top of the
brief.
(S.K. Sahoo)
Judge
02. This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard learned counsel for the appellant-petitioner
and learned Standing Counsel for the Vigilance
Department.
The appellant-petitioner has been convicted for the
offences punishable under section 13(2) read with
section 13(1)(d) and section 7 of the Prevention of
Corruption Act (for short, 'the P.C. Act') and sentenced
to undergo R.I. for a period of four years and to pay a
fine of Rs.2,000/- (Rupees two thousand), in default, to
undergo R.I. for a further period of two months for the
offence under section 13(2) read with section 13(1)(d) of
the P.C. Act and to undergo R.I. for a period of three
years and to pay a fine of Rs.2,000/-(Rupees two
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 both the sentences were directed to run
concurrently by the learned Special Judge (Vigilance),
// 3 //
Sundargarh in C.T.R. Case No.06/199 of 2016.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and after
conviction, he was taken into judicial custody. Learned
counsel further submitted that he has never misutilized
the liberty granted to him and since there is no chance
of early hearing of the appeal in the near future, 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 sentence imposed
by the learned trial Court, the fact that the petitioner
was on bail during trial and absence of any 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
(P.T.O.)
// 4 //
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 by the learned trial Court on the
appellant-petitioner 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
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 28-Nov-2023 18:03:18
