Orissa High Court
Padmalochan Das vs State Of Odisha (Vigilance) on 18 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1001 of 2023
Padmalochan Das .... Appellant/
Petitioner
Ms. A.K. Dei, 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.1001 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 has already filed his appearance memo
on 16.09.2023.
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.2146 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 Padmalochan Das has
been convicted under sections 13(2) & 13(1)(c)(d)(ii) of
the Prevention of Corruption Act 1988 read with sections
409/477-A of the Indian Penal Code and sentenced to
undergo R.I. for a period of two years and to pay a fine
of Rs.20,000/- (Rupees twenty thousand), in default, to
undergo R.I. for a further period of two months for the
offence under section 409 of the IPC, to undergo R.I. for
a period of one year for the offence under section 477-A
of the IPC, to undergo R.I. for a period of one year and
to pay a fine of Rs.10,000/- (Rupees ten thousand), in
default, to undergo R.I. for a further period of one
month for the offence under section 13(2) of the P.C.
Act and to undergo R.I. for a period of one year and to
pay a fine of Rs.10,000/- (rupees ten thousand), in
default, to undergo R.I. for a further period of one
month and all the sentences were directed to run
concurrently by the learned Special Judge (Vigilance),
// 3 //
Balasore in T.R. Case No. 15 of 2009.
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
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
// 4 //
I.A. No. 2147 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
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 17:30:10
