Orissa High Court
Pradeep Kumar Sahu vs State Of Odisha (Vig.) on 9 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1046 of 2023
Pradeep Kumar Sahu .... Appellant
Mr. P.S. Nayak, Advocate
-versus-
State of Odisha (Vig.) .... Respondent
Mr. Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.10.2023
CRLA No.1046 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 application.
He undertakes to file his appearance memo by end of
November 2023.
Heard.
Admit.
Call for the trial Court record.
List this matter indicating the name of Mr. Sanjay
Kumar Das, learned Standing Counsel for the Vigilance
Department in the cause list as well as at the top of the
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brief after receipt of the trial court record.
( S.K. Sahoo)
Judge
I.A. No.2274 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 Pradeep Kumar Sahu has
been convicted for the offence under section 13(2) read
with sections 13(1)(d)/7 of the Prevention of Corruption
Act (for short, 'P.C. Act') and sentenced to undergo R.I.
for a period of one year and to pay a fine of Rs.5,000/-
(rupees five thousand), in default, to undergo R.I. for a
further period of one month for the offence under
section 7 the P.C. Act and to undergo R.I. for a period of
two 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
13(1)(d) the P.C. Act and both the sentences were
directed to run concurrently by the learned Special
Judge (Vigilance), Berhampur in G.R. Case No.22 of
2014(V)/T.R. No.11 of 2015.
Learned counsel for the petitioner submitted that the
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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, the fact that the
petitioner was on bail during trial 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.2275 of 2023
03. This is an application for stay of realization of fine.
Heard.
Considering the submissions made by the learned
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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 11.09.2023
passed by the learned Special Judge (Vigilance),
Berhampur in G.R. Case No.22 of 2014/T.R. No.11 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
I.A. No.2276 of 2023
04. This is an application for suspension of sentence.
Heard.
Learned counsel for the petitioner seeks permission
of the Court not to press this application.
The I.A. is disposed of as not pressed.
( S.K. Sahoo)
Judge
PKSahoo
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 10-Oct-2023 10:35:41
