Orissa High Court
Ashok Kumar Patasahani vs State Of Odisha (Vig.) on 8 January, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.07 of 2024
Ashok Kumar Patasahani .... Appellant
Ms. Ayushi Mehta, Advocate
-versus-
State of Odisha (Vig.) .... Respondent
Mr. Sanjay Kumar Das,
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 08.01.2024
CRLA No.07 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
applications. He undertakes to file his appearance memo
by the end of March 2024.
Heard.
Admit
Call for the trial Court records.
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
// 2 //
brief after receipt of the trial court records.
( S.K. Sahoo)
Judge
02. This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard learned counsel for the appellant-petitioner
and learned Standing Counsel for the Vigilance
Department.
The appellant-petitioner has been convicted for the
offence under section 7/13(2) of the Prevention of
Corruption Act (for short, "P.C. Act") and sentenced to
undergo S.I. for a period of one year and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to undergo
S.I. for a further period of four months for the offence
under section 7 of the P.C. Act and sentenced to undergo
S.I. for a period of two years and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to undergo
S.I. for a further period of six months for the offence
under section 13(2) of the P.C. Act and both the
sentences were directed to run concurrently by the
learned 3rd Addl. Sessions Judge, Bhubaneswar vide
judgment and order dated 18.12.2023 passed in T.R.
Case No.18 of 2012.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and has never
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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 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 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 18.12.2023 passed by
the learned 3rd Addl. Sessions Judge, Bhubaneswar in
// 4 //
T.R. Case No.18 of 2012 pending disposal of the criminal
appeal.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
04. This is an application for stay of conviction.
Heard.
Learned counsel for the appellant/petitioner has
supplied the deposition copies of the witnesses examined
in the learned trial Court to Mr. Das, learned Standing
Counsel for the Vigilance Department in Court today.
Mr. Sanjay Kumar Das, learned Standing Counsel for
the Vigilance Department seeks six weeks time to file
objection to this application.
List this matter in the week commencing from 18th
March 2024.
Objection, if any, to the application shall be filed
giving a copy thereof to the learned counsel for the
appellant by the next date.
Free copy of the order be supplied to the learned
counsel for the Vigilance Department.
( S.K. Sahoo)
Judge
sipun
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 09-Jan-2024 18:12:31
