Jugal Kishore Mishra vs State Of Odisha (Vigilance)
2023 Latest Caselaw 11393 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.1029 of 2023

              Jugal Kishore Mishra                  ....         Appellant/
                                                               Petitioner

                                    Mr. B.S. Dasparida, Advocate.

                                       -versus-

              State of Odisha (Vigilance)           ....        Respondent/
                                                              Opp. Party

                                    Mr. Sanjay Kumar Das,
                                    Standing Counsel, Vigilance.

                                    CORAM:
                                JUSTICE S.K. SAHOO
                                      ORDER

Order No.                           18.09.2023
                               CRLA No.1029 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. He undertakes to file his appearance memo by the end of October, 2023.

Heard.

Admit Call for the trial Court records. List this matter indicating the name of Mr. Sanjay Kumar Dash, learned Standing Counsel for the Vigilance // 2 //

Department on the top of the brief as well as in the cause list henceforth.

(S.K. Sahoo) Judge I.A. No.2225 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 Jugal Kishore Mishra 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 one year and to pay a fine of Rs.3,000/- (Rupees three 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 two years and to pay a fine of Rs.5,000/-(rupees five thousand), in default, to undergo R.I. for a further period of three months for the offences under sections 13(2) & 13(1)(d) of the P.C. Act and both the sentences were directed to run concurrently by the learned Special Judge (Vigilance), Balangir in C.T.R. Case No. 07 of 2017.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and has never misutilized the liberty granted to him and there is no

// 3 //

chance of early hearing of the appeal in the near future 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 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. 2224 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 by the learned trial Court on the

// 4 //

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 amit

Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Sep-2023 17:30:11