Orissa High Court
Narasingha Prakash vs State Of Odisha on 9 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1104 of 2023
1. Narasingha Prakash
Patra @ N. Prakash
Patro
2. Narasingha Santosini .... Appellants/
Patra Petitioners
Mr. J. Panda, Advocate
-versus-
State of Odisha .... Respondent/
Opp.Party
Mr.Sanjay Kumar Das,
Standing Counsel(Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.10.2023
CRLA No.1104 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 end of
November 2023.
Heard.
// 2 //
Admit
Call for the trial Court records.
( S.K. Sahoo)
Judge
I.A. No.2409 of 2023
02. This is an application for bail.
Heard learned counsel for the appellants-petitioners
and learned Standing Counsel for the Vigilance
Department.
The appellant-petitioner no.1 Narasingha Prakash
Patra @ N. Prakash Patro has been convicted for the
offence under section 13(2) read with section 13(1)(e) of
the Prevention of Corruption Act (for short, 'P.C. Act') and
sentenced 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 three
months and the appellant-petitioner no.2 Narasingha
Santosini Patra has been convicted for the offence under
section 13(2) read with section 13(1)(e) of the Prevention
of Corruption Act (for short, 'P.C. Act') read with section
109 of the Indian Penal Code and sentenced 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 three months by the learned
Special Judge (Vigilance), Berhampur in G.R. Case
// 3 //
No.37/2009(V)/T.R. No.29 of 2013.
Learned counsel for the petitioners submitted that
the petitioners were on bail during trial and has never
misutilized the liberty granted to them 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
petitioners were on bail during trial and there is no
allegation that they misutilized their liberty and absence
of chance of early hearing of the appeal in the near
future, I am inclined to release the petitioners on bail.
Let the appellants-petitioners be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.50,000/-(rupees fifty thousand) each 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 //
I.A. No.2410 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 appellants-petitioners
pursuant to the judgment and order dated 30.09.2023
passed by the learned learned Special Judge (Vigilance),
Berhampur in G.R. Case No.37/2009(V)/T.R. No.29 of
2013 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
PKSahoo
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 10-Oct-2023 10:35:42
