Citation : 2026 Latest Caselaw 580 Ori
Judgement Date : 21 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 55 of 2026
Gouranga Charan Mohanty ..... Appellant
Mr. Puspamitra Mohapatra, Advocate
-versus-
State of Odisha (Vigilance) ..... Respondent
Mr. S. K. Das, ASC
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
21.01.2026 Order No. (Through hybrid Mode)
02.
1. Heard.
2. The judgment dated 24.12.2025 passed by the learned Special Judge (Vigilance), Baripada, Mayurbhanj in VGR No. 13 of 2015/T.C. No. 13 of 2017 convicting the appellant- Gouranga Charan Mohanty, co-accused Akhandala Prasad Mohanty, Purusottam Mohanty, Santanu Kumar Kar and Sudam Chandra Sahu for commission of offences punishable under Section 13(1)(c)(d) read with Section 13(2) of the P.C. Act and Section 403/409/467/468/471/477-A/120-B of the IPC and sentence them there under has been challenged in this appeal. They have been sentenced to undergo RI for 3 years and to pay a fine of Rs. 50,000/- each and in default of payment of fine to undergo RI for another 3 months more each on each count for the offence under Section 13(l)(c)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The appellant and co-accused have been sentenced to undergo R.I of 2 years and to pay a fine of Rs.20,000/- each and in default of payment of fine to undergo R.I of 2 months more each for
the offence U/s-403 of I.P.C. They have been sentenced to undergo R.I of 3 years and to pay a fine of Rs.50,000/- each and in default of payment of fine to undergo R.I of 3 months more each for the offence U/s-409 of I.P.C. They have been sentenced to undergo R.I of 3 years and to pay a fine of Rs.50,000/- each and in default of payment of fine to undergo R.I of 3 months more each for the offence U/s-467 of I.P.C. They have been sentenced to undergo R.I of 2 years and to pay a fine of Rs.20,000/- each and in default of payment of fine to undergo R.I of 2 months more each on each count for the offence under Section 468, 471, 477-A and 120-B of the IPC. There is direction for the sentences to run concurrently.
3. Admit.
4. Call for the scanned copy of the Trial Court Records.
5. Mr. Sanjay Kumar Das, learned Standing Counsel (Vigilance) submits that he shall file appearance memo by 04.02.2026.
6. This is an application under Section 415(2) of BNSS for grant of bail to the Appellant during pendency of the appeal.
7. Mr. Mohapatra, learned counsel submits that the appellant was on bail during trial and since the maximum custodial conviction is for three years, the criminal appeal may be rendered infructuous, if the appellant is not granted bail during pendency of the appeal.
8. Learned counsel for the appellant-petitioner submits that the petitioner was on bail during trial and has not mis-utilised his liberty.
9. Considering the sentence imposed and as the appellant was on bail during trial, I am inclined to allow the I.A.
10. The Appellant-Gouranga Charan Mohanty on surrendering before the learned trial Court within four weeks from today shall be released on bail pending disposal of the Criminal Appeal, on such terms and conditions as may be fixed by that Court.
11. The I.A. is disposed of.
12. Mr. Mohapatra, learned counsel submits that the appellant has no income for which he is unable to deposit the fine amount, which is excessive and realization of fine may therefore be stayed during pendency of the Appeal.
13. Considering the said submission, list this case on 04.02.2026 to enable the learned Standing Counsel (Vigilance) to file an objection to the IA, if so advised.
(Savitri Ratho) Judge Subhalaxmi
Signed by: SUBHALAXMI PRIYADARSHANI
Location: Orissa High Court, Cuttack Date: 21-Jan-2026 21:53:33
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