Sankara Narayanan vs Vigilance Directorate
2024 Latest Caselaw 16329 Ori

Orissa High Court

Sankara Narayanan vs Vigilance Directorate on 6 November, 2024

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     CRLA No.1083 of 2024
                 Sankara Narayanan                ....                Appellant(s)
                                                           Mr. A. Dash, Advocate
                                            -versus-

             Vigilance Directorate, Odisha        ....              Respondent(s)
                                                 Mr. S. K. Das, SC (Vigilance)

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                          ORDER

06.11.2024 I.A. No.2694 of 2024 Order No.

01. 1. This is an application for dispensing with the certified

copy of Annexure-1.

2. Learned counsel for the appellant does not want to press

this I.A.

3. Accordingly, the I.A. is disposed of as not pressed.

However, liberty is granted to the appellant to file certified copy of

the impugned judgment vide Annexure-1 during course of the day.

(S.S. Mishra) Judge

Order No.

02. 1. Heard.

2. Admit

3. Call for the trial Court records.

4. List this matter on 11.12.2024 indicating the name of Mr.

Sanjay Kumar Das, learned Standing Counsel for the Vigilance

Department on the top of the brief as well as in the cause list

henceforth.

(S.S. Mishra) Judge

Order No.

03. 1. This is an application for bail

2. Heard.

3. The appellant-petitioner has been convicted under Sections

418/420/120-B of the I.P.C. and sentenced him to undergo R.I. for a

period of three years for the offence under Section 418 of the I.P.C.

and also to undergo R.I. for three years and to pay a fine of

Rs.50,000/- (Rupees fifty thousand), in default, to undergo further

R.I. for a period of six months more for the offence under Section

420 of the I.P.C. Further the appellant is sentenced to undergo R.I.

for a period of three years and to pay a fine of Rs.50,000/-, in

default, to undergo R.I. for a period of six months more for the

offence under Section 120-B of the I.P.C.. The sentences were

directed to run concurrently by the learned Special Judge,

(Vigilance), Baripada, Mayurbhanj in V.G.R. Case No.20 of 2008/

(T.C. No.95 of 2013).

4. Learned counsel for the appellant-petitioner submits that

the petitioner was on bail during trial and has never misutilized the

liberty granted to him. Since there is very remote chance of early

hearing of the appeal in near future, the petitioner may be directed

to be released on bail pending disposal of the appeal.

5. Learned counsel for the Vigilance Department opposed the

prayer for bail.

6. 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 there is very remote chance of early hearing of the appeal

in near future, I am inclined to release the petitioner on bail.

7. Accordingly, the appellant-petitioner be released on bail by

the learned trial Court in connection with the aforesaid case on such

terms and conditions as would be deem fit and proper. The sentence

so imposed by the learned trial Court against the appellant shall

remain suspended during pendency of the appeal.

8. The I.A. is disposed of.

(S.S. Mishra) Judge

Order No.

04. 1. This is an application for stay of realization of fine.

2. Heard.

3. 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.

4. The I.A. is disposed of.

(S.S. Mishra) Judge Swarna

Location: High Court of Orissa