Orissa High Court

Santosh Kumar Patra vs State Of Odisha ( Vigilance) on 13 May, 2025

            IN THE HIGH COURT OF ORISSA AT CUTTACK


                                CRLA No.367 of 2025
Santosh Kumar Patra                       .....                              Appellant

                                                        Mr. B. P. Mohanty, Advocate
                                       -versus-
State of Odisha ( Vigilance)              .....                            Respondent

                                                             Mr Sanjay Kumar Das ,
                                                       Standing Counsel ,Vigilance .
             CORAM:
                   HON'BLE MISS JUSTICE SAVITRI RATHO
                                 ORDER

13.05.2025 (Through hybrid Mode)

Order No. 1. This appeal has an interesting background and this is its third

01. avatar.

2. The Appellant has been convicted by the learned Special Judge

(Vigilance), Berhampur, Ganjam in G.R. Case No.38 of 2008

(V)/T.R. Case No.66 of 2011, arising out of Berhampur Vigilance

P.S. Case No.38 of 2008, for commission of offences punishable

under section 13(l)(e) read with Section 13(2) of the Prevention of

Corruption Act, 1988 ( in short "PC Act"). He has been sentenced to

undergo R.I. for three years and to pay a fine of Rs.20,000/- (rupees

twenty thousand), in default, to undergo R.I. for six months more for

the offence under Section 13(l)(e) read with Section 13 (2) of the

P.C Act with a direction for sale of the residential building of the

appellant in auction limited to the extend of the value of

disproportionate assets and the sale proceeds be confiscated to the

Govt. of Odisha.

3. Challenging the judgment and of conviction and sentence, he

had preferred Criminal Appeal No. 124 of 2022 on 14.02.2022 . On

17.02.2022, the criminal appeal was admitted and the trial Court

record was called for and the order was passed regarding suspension

of sentence and stay of realization of fine on the very same day in

I.A. No.214 of 2022 and I.A. No.215 of 2022 had been filed for

releasing the petitioner on bail, but no order was passed in I.A.

No.215 of 2022. I.A. No. 216 of 2022 was directed to be listed on

05.04.2022. An objection was filed by learned counsel for the

Vigilance in I.A. No.216 of 2022.

4. I.A. No. 216 of 2022 has been adjourned a number of times.

5. On 29.04.2022, the Court entertained the oral submission of

the learned counsel for the petitioner and converted the CRLA to

CRLMP.

6. Mr. B.P. Mohanty, learned counsel for the petitioner submits

that this order had been inadvertently passed. This was detected after

the CRLA has been converted to the CRLMP for which I.A. No.41

of 2025 was filed in CRLMP No.886 of 2022 and on 21.02.2025,

this Court had directed in paragraph-4 as follows.

"4. After having considered the rival submissions and taking

into consideration the averments taken in the lA and on going

through the order sheets available on record, since the

present application has been earlier registered as a "CRLA",

but subsequently inadvertently converted as "CRLMP", the

prayer for conversion of nomenclature of the present

application from "CRLMP" to "CRLA" stands allowed.

Accordingly, the nomenclature of the application stands

restored to "CRLA". The Registry is requested to reassign

appropriate number to the petition of the Applicant."

7. The CRLMP was converted to CRLA and numbered as CRLA

No. 367 of 2025 . I.A. No.214 of 2022 has been renumbered as I.A.

No. 866 of 2025. I.A. No.215 of 2022 has been renumbered as I.A.

No. 867 of 2025 and I.A. No.216 of 2022 has been renumbered as

I.A. No.868 of 2025.

8. On 17.02.2022, Criminal Appeal No. 124 of 2022 was admitted

and the trial Court record was called for and the order was passed

regarding suspension of sentence and stay of realization of fine on

the very same day in I.A. No.214 of 2022.

9. As the CRLA and the I.As. have only been renumbered, so

further orders are not necessary to be passed in CRLA No. 367 of

2025 and I.A. No. 866 of 2025.