Orissa High Court
Simadri Nayak vs State Of Odisha(Vig.) on 2 January, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1409 of 2023
1. Simadri Nayak
2. Smt.Laxmi Nayak .... Appellants/
Petitioners
Mr.S.K. Dash, Advocate
-versus-
State of Odisha(Vig.) .... Respondent/
Opp.Party
Mr. Srimanta Das
Sr. Standing Counsel (Vig.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 02.01.2024
CRLA No. 1409 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Mr. Srimanta Das, learned Senior Standing
Counsel for the Vigilance Department files his appearance
memo in Court today, which is taken on record.
Heard.
Admit
Call for the trial Court records.
List this matter indicating the name of Mr.
Srimanta Das, learned Senior Standing Counsel for the
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Vigilance Department on the top of the brief as well as in
the cause list henceforth.
( S.K. Sahoo)
Judge
02. This is an application for bail.
Heard learned counsel for the appellants-petitioners
and learned Sr. Standing Counsel for the Vigilance
Department.
The appellant-petitioner No.1 Simadri Nayak has
been convicted under section 13(2) read with section
13(1)(e) of the Prevention of Corruption Act 1988 and
the appellant- petitioner no.2 Laxmi Nayak has been
convicted under section 109 of the Indian Penal Code
read with section 13(2) read with section 13(1)(e) of the
Prevention of Corruption Act 1988 and the appellant-
petitioner no.1 has been sentenced to undergo R.I. for a
period of three years and to pay a fine of Rs.10,00,000/-
(rupees ten lakhs), in default, to undergo R.I. for a
further period of six months and the appellant-petitioner
no.2 has been sentenced to undergo R.I. for one year
and to pay a fine of Rs.2,00,000/-(rupees two lakhs), in
default, to undergo R.I. for a further period of three
months by the learned Special Judge, Special Court,
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Bhubaneswar in T.R. Case No. 07/35 of 2014/2012.
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 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
surrendering before the learned trial Court 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
P.T.O.
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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 11.12.2023
passed by the learned Special Judge, Special Court,
Bhubaneswar in T.R. Case No. 07/35 of 2014/2012
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
04. This is an application for suspension of sentence.
Mr. Das, learned Senior Standing Counsel appearing
for the Vigilance Department seeks some time to file
objection to this application.
Put up this matter in the week commencing from
12th February 2024.
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Objection, if any, may be filed in the meantime.
( S.K. Sahoo)
Judge
PKSahoo
Location: HIGH COURT OF ORISSA
