Orissa High Court
Bharat Chandra Prusty vs State Of Odisha on 8 January, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1396 of 2023
Bharat Chandra Prusty .... Appellant/
Petitioner
Mr. R.K.Pattanaik, Advocate
-versus-
State of Odisha .... Respondent/
(Vigilance) Opp.Party
Mr. Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 08.01.2024
CRLA No.1396 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
file his appearance memo by the end of this month.
Heard.
Admit.
Call for the trial Court record.
Mr. Das, learned Standing Counsel for the Vigilance
Department submits that two connected Appeals i.e., CRLA
Nos.1378 of 2023 and 1389 of 2023 have been filed and in
both the Criminal Appeals, the learned trial Court records
have been called for.
Before calling for the trial Court records the Registry
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shall verify regarding availability of the trial Court records in
the aforesaid two Criminal Appeals. Henceforth, the present
Criminal Appeal shall be listed along with CRLA Nos.1378 of
2023 and 1389 of 2023.
[
( 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 Bharat Chandra Prusty has
been convicted under section 120B of the Indian Penal Code,
section 7 and section 13(2) read with section 13(1)(d) of the
Prevention of Corruption Act 1988 and sentenced to undergo
R.I. for a period of six months for the offence under section 7
of the Prevention of corruption Act, to undergo R.I. for 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
six months for the offence section under section 13(2) read
with section 13(1)(d) of the Prevention of Corruption Act 1988
and to undergo R.I. for six months for the offence under
section 120B of the Indian Penal Code and all the sentences
are directed to run concurrently by the learned Special Judge
(Vigilance), Dhenkanal in V.G.R. No.04 of 2007/DKL T.R. No.
21 of 2017.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and after the impugned
order of conviction and sentence was passed, he is also on
bail and has never misutilized the liberty granted to him and
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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
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 16.12.2023 passed by the learned
Special Judge (Vigilance), Dhenkanal in V.G.R. No.04 of
2007/DKL T.R. No. 21 of 2017 pending disposal of the
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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
