Orissa High Court
Gouranga Charan vs State Of Odisha (Vig.) on 9 January, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.3 of 2024
Gouranga Charan .... Appellant/
Satapathy Petitioner
Mr. Gokulananda Mohapatra,
Advocate
-versus-
State of Odisha (Vig.) .... Respondent/
Opp. Party
Mr. Sanjay Kumar Das
Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.01.2024
CRLA No.3 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
// 2 //
Kumar Dash, learned Standing Counsel for the Vigilance
Department in the cause list as well as at the top of the
brief.
(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 Gouranga Charan
Satapathy has been convicted for the offences
punishable under sections 7 and 13(2) read with section
13(1)(d) and of the Prevention of Corruption Act (for
short, 'the P.C. Act') and sentenced to undergo R.I. for a
period of three 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 under
section 7 of the P.C. Act and to undergo R.I. for a period
of three 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 under
section 13(2) read with section 13(1)(d) of the P.C. Act
section 7 of the P.C. Act and both the sentences were
directed to run concurrently by the learned Special Judge
(Vigilance), Dhenkanal vide judgment and order dated
// 3 //
26.12.2023 passed in V.G.R. No.38 of 2007/DKL T.R.
No.20/2017.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and after
conviction also, he was released on bail. Learned counsel
further submitted that he has never misutilized the
liberty granted to him and since there is no chance of
early hearing of the appeal in the near future, 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 sentence imposed
by the learned trial Court, the fact that the petitioner
was on bail during trial and absence of any 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
(P.T.O.)
// 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 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
PKSahoo
Location: HIGH COURT OF ORISSA
