Binayak Ghatuari vs State Of Odisha

S.K. Sahoo, J

CRLA No.206 of 2021

Heard.

Admit.

Call for the Trial Court Record.

I.A. No. 403 of 2021

 This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard learned counsel for the appellant and Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department.

The appellant-petitioner has been convicted under section 7 read with section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act

(hereafter ‘P.C. Act’) and sentenced to undergo R.I. for a period of two years and to pay a fine of Rs.10,000/- (ten thousand) on each count

and in default, to undergo R.I. for a further period of three months for committing the offences punishable under section 7 and section 13(2) of the

P.C. Act and both the substantive sentences were directed to run concurrently by the learned Special Judge (Vigilance), Bhubaneswar in T.R. Case

No. 17 of 2019.

Perused the impugned judgment.

Learned counsel for the petitioner submits that the petitioner was on bail during trial and he has never misutilised his liberty and after his conviction, he

has been released on interim bail and there is no chance of early hearing of appeal in the near future and the balance of convenience is in favour of

the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the Vigilance Department opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, nature of evidence available on record and taking into account the period of

sentence imposed by the learned trial Court and absence of any chance of early hearing of the appeal in near future and the fact that the petitioner

was on bail during trial, the prayer for bail is allowed.

Let the appellant-petitioner on surrendering before the learned trial Court be released on bail pending disposal of the appeal on furnishing a 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.

I.A. No. 404 of 2021

Learned counsel for the appellant submits that he will file an interim application for stay of realization of fine.

List this matter after filing of the Interim application.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the

High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March,

2020.

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