Mukunda Prasad Das vs State Of Odisha (Vig.)
2023 Latest Caselaw 11639 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.1003 of 2023

              1. Mukunda Prasad Das
              2. Harihar Das                     ....        Appellants/
              3. Benudhar Nath                             Petitioners

                                Mr. Deepak Kumar Sahoo,
                                Advocate

                                    -versus-

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

                                Mr. Sanjay Kumar Das
                                Standing Counsel (Vig.)

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No.                       25.09.2023
                           CRLA No.1003 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 received the copy of the appeal memo along with the copies of the impugned judgment and interim application. He undertakes to files his appearance memo by the end of November 2023.

Heard.

Admit.

Call for the trial Court records.

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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 records.

( S.K. Sahoo) Judge

I.A. No.2152 of 2023

02. This is an application under section 389 of Cr.P.C.

for grant of bail.

Heard learned counsel for the appellants-petitioners and learned Standing Counsel for the Vigilance Department.

Perused the impugned judgment.

The appellants-petitioners have been convicted for the offence under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act (for short, 'P.C. Act') and sections 420/468/471/477-A/120-B of the Indian Penal Code (for short, 'I.P.C.') and sentenced to undergo R.I. for a period three years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a further period of two months each for the offence under section 13(2) read with section 13(1)(d) of the P.C. Act and sections 420/468/477-A of the I.P.C. and sentenced to undergo R.I. for a period of two years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a further

// 3 //

period of one month each for the offences under sections 120-B/471 of the I.P.C. and all the substantive sentences were directed to run concurrently by the learned Special Judge (Vigilance), Baripada, Mayurbhanj in V.G.R. Case No.11 of 2013/T.C. No.20 of 2014.

Learned counsel for the petitioners submitted that the petitioners were on bail during trial and they have never misutilized the liberty granted to them and therefore, the petitioners 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 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

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I.A. No.2151 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 31.08.2023 passed by the learned Special Judge (Vigilance), Baripada, Mayurbhanj in V.G.R. Case No.11 of 2013/T.C. No.20 of 2014 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

sipun

Signature Not Verified

Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2023 17:17:15