Orissa High Court
Jnanendra Swain vs State Of Odisha on 2 April, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.234 of 2024
Jnanendra Swain .... Appellant/
Petitioner
Mr. B. S. Dasparida, Advocate
-versus-
State of Odisha .... Respondent/
(Vigilance) Opp.Party
Mr. Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 02.04.2024
CRLA No.234 of 2024
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 file his
appearance memo by the end of June, 2024. He further
submitted that this criminal appeal is connected to CRLA
Nos.157, 162, 191 & 197 of 2024 and this matter may be
listed along with the said cases.
Heard.
Admit.
Registry before calling for the L.C.R. shall verify the
availability of the same in the aforesaid four cases.
The name of Mr. Sanjay Kumar Das, learned Standing
// 2 //
Counsel for the Vigilance Department shall be reflected in the
cause list henceforth. [
( S.K. Sahoo)
Judge
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 Jnanendra Swain has been
convicted under section 13(2) read with section 13(1)(d) of
the Prevention of Corruption Act 1988 and sections
420/468/471/120-B of the Indian Penal Code 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 six months for the offence under under
section 13(2) read with section 13(1)(d) of the Prevention of
Corruption Act 1988, R.I. for a period of three years and to
pay a fine of Rs.50,000/- (rupees fifty thousand), in default,
to undergo R.I. for a further period of six months for the
offence under under section 420 of the Indian Penal Code,
R.I. for a period of three years and to pay a fine of
Rs.50,000/- (rupees fifty thousand), in default, to undergo
R.I. for a further period of six months for the offence under
under section 468 of the Indian Penal Code, R.I. for a period
of three years and to pay a fine of Rs.50,000/- (rupees fifty
thousand), in default, to undergo R.I. for a further period of
six months for the offence under under section 471 of the
Indian Penal Code and R.I. for a period of three years and to
pay a fine of Rs.50,000/- (rupees fifty thousand), in default,
// 3 //
to undergo R.I. for a further period of six months for the
offence under under section 120-B of the Indian Penal Code
and the sentences were directed to run concurrently by the
learned Special Judge (Vigilance), Bhubaneswar in T.R. Case
No. 63 of 2012.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and after the impugned
judgment and order of conviction and sentence was passed,
he is also on bail 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 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 he was on
bail during trial and absence of any allegation of
misutilization of the 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
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 //
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 25.01.2024 passed by the learned
Special Judge (Vigilance), Bhubaneswar in T.R. Case No. 63 of
2012 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
M.K.Rout
