Orissa High Court
Rajendra Choudhury vs State Of Orissa (Vigilance) on 20 July, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 549 of 2026
Rajendra Choudhury .... Appellant
Mr. Saroj Kumar Padhy, Advocate
-versus-
State of Orissa (Vigilance) .... Respondent
Mr. Sanjay Kumar Das, SC (Vigilance)
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 20.07.2026
(Through hybrid Mode)
02.
1. Heard.
2. By judgment and order dated 02.06.2026 of the learned
Special Judge, (Vigilance), Balangir in CTR Case No. 26 of 2022
(CRLT No.49 of 2021) arising out of Sambalpur Vigilance P.S.
Case No. 20 of 2019, the Appellant-Petitioner has been convicted
under Section 7 of the Prevention of Corruption Act, 1988 as
amended by the Prevention of Corruption (Amendment) Act,
2018 and sentenced to undergo R.I. for three years for the
offence under Section 7 of the P.C. Act and to pay a fine of
Rs.10,000/- in default to undergo R.I. of two months more for the
offence under Section 7 of the P.C. Act. The pre-conviction
detention period, if any, was directed to be set off as per
provision under Section 428 of Cr.P.C. / under Section 468 of the
BNSS.
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3. Admit.
4. Call for the scanned copy of the Trial Court Records.
5. List this case on 04.01.2027.
I.A. No. 1620 of 2026
6. This is an application under Section 430 of the BNSS
(under Section 389 of Cr.P.C.) for grant of bail during pendency
of the appeal.
7. It is stated by Mr. Padhy, learned counsel for the
Appellant and also mentioned in the I.A. that the Appellant was
on bail during trial and has never misused the liberty granted to
him by the learned Court below.
8. Considering the submissions of the learned counsel, I am
inclined to allow the application.
9. It is directed that on the Appellant-Rajendra Choudhury
appearing before the learned trial Court within a period of four
weeks from today, he shall be released on bail on such terms and
conditions as may be fixed by the learned trial Court, during
pendency of the Criminal Appeal.
10. This I.A. is disposed of.
I.A. No. 1619 of 2026
11. This I.A. has been filed for staying realization of the fine
amount.
12. It is stated by the learned counsel for the Appellant that
the unless the fine imposed by the learned trial Court is stayed
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till disposal of the appeal, the appellant will be seriously
prejudiced.
13. Mr. Sanjay Kumar Das, learned Standing Counsel for the
Vigilance Department submits that in view of taking bribe of
Rs.20,000/- from the complainant in order to issue Y-Form and
to ensure appearance of the Appellant or his counsel when the
appeal is called for hearing, the realization of fine amount should
not be stayed.
14. Considering the submission of learned counsel and in
view of the decisions of the Supreme Court in the cases of
Satyendra Kumar Mehra alias Satendera Kumar vrs. State of
Jharkhand : 2018 (15) SCC 139 and Central Bureau of
Investigation vrs. Shok Sitipal : 2024 INSC 819 and in order to
ensure that the Appellant or his counsel appear in the case when
the matter is taken up for hearing, it is directed that on the
Appellant depositing an amount of Rs.5,000/- out of the total fine
amount within a period of four weeks before the learned trial
Court, the realisation of the balance amount of fine shall remain
stayed. This deposit shall be subject to the result of the appeal.
15. The I.A. is disposed of.
16. Urgent certified copy of this order be granted on proper
application.
(Savitri Ratho)
Judge
Subhalaxmi
Signature Not Verified
Digitally Signed
Signed by: SUBHALAXMI PRIYADARSHANI
SAHOO
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 20-Jul-2026 20:38:22
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