Orissa High Court
Smt. Ludasini Nayak vs State Of Odisha (Vig.) on 10 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1120 of 2023
Smt. Ludasini Nayak .... Appellant/
Petitioner
Ms. A Meheta, Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp. Party
Mr. Sanjay Kumar Dash
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 10.10.2023
CRLA No. 1120 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 applications. So far as stay
of conviction is concerned, he undertakes to file his
appearance memo by the end of November 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.2454 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 Smt. Ludasini Nayak has
been convicted under sections 7, 13(1)(d) & 13(2) of the
Prevention of Corruption Act 1988 and sentenced to
undergo R.I. for a period of three years and to pay a fine
of Rs.5,000/-(rupees five 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 to undergo R.I. for a
period of four years and to pay a fine of Rs.5,000/-
(rupees five thousand), in default, to undergo further R.I.
for a period of two months for the offences under sections
13(1)(d)/13(2) of the P.C. Act and all the sentences were
directed to run concurrently by the learned Special Judge,
Vigilance, Bhubaneswar in T.R. Case No. 37 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
// 3 //
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
surrendering before the learned trial Court 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.2442 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 by the
learned trial Court pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
// 4 //
Free copy of the order be supplied to the learned counsel
for the Vigilance Department.
(S.K. Sahoo)
Judge
amit
Signature Not Verified
Digitally Signed
Signed by: AMIT KUMAR MOHANTY
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 16-Oct-2023 17:22:19
