Orissa High Court
Kalu Charan Swain vs State Of Odisha (Vig.) on 9 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1088 of 2023
Kalu Charan Swain .... Appellant
Mr. Arijeet Mishra, 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.1088 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 filed his
appearance memo on 05.10.2023.
Registry shall place the same on record.
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 brief
after receipt of the trial court record.
( S.K. Sahoo)
Judge
P.T.O.
// 2 //
I.A. No.2379 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 Kalu Charan Swain has
been convicted for the offence under sections 7/13(2)
read with section 13(1)(d) of the Prevention of
Corruption Act (for short, 'P.C. Act') and sentenced 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 one month for the
offence under section 7 the P.C. Act and to undergo
rigorous imprisonment for a period of four years and to
pay a fine of Rs.3,000/- (rupees three thousand), in
default to undergo rigorous imprisonment for a further
period of two months for the offence under 13(2) read
with section 13(1)(d) of the P.C. Act and both the
sentences were directed to run concurrently by the
learned Special Judge (Vigilance), Keonjhar in V.G.R.
Case No.12 of 2014.
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
// 3 //
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 there is no
allegation that he has misutilized his liberty 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.2380 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 appellant-petitioner
pursuant to the judgment and order dated 29.09.2023
passed by the learned Special Judge (Vigilance),
Keonjhar in V.G.R. Case No.12 of 2014 pending disposal
of the criminal appeal.
// 4 //
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 12:53:45
