R.K. DE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant was convicted under Section 5(2) read with Section 5(1)(o) and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (Act 2 of 1947) and sentenced to undergo rigorous imprisonment for a period of three years under the first count, while no separate sentence was passed under the second by the special Judge, Bhubaneswar. On 16 -1 -1970, he filed this appeal and moved the Court for his release on bail pending disposal of the appeal. The Court ordered his release on bail of Rs. 2,000/ - with two sureties for the like amount. On a subsequent petition of the Appellant which came up for orders on 5.3.1970, the previous order was modified to the effect that the sentence appealed against be suspended pending disposal of the appeal. The Appellant filed another petition on 17.4.1970 praying to clarify the previous order and direct that the, order of the trial Court appealed against convicting And sentencing him be suspended pending disposal of the appeal. This matter was moved in ,my chamber and in modification of order No. 3 dated 5.3.1970, the following order was recorded on 17.4.1970:

(2.) AT the time of passing the latter two orders, learned Counsel for the State does not appear to have raised any objection. In another Cr.A. No. 7 of 1911 the Appellant therein moved a petition for passing an order in terms of aforementioned and the above order was cited as a precedent. The said matter came up before a Division Bench of Hon'ble the Chief Justice and myself and the prayer was rejected as untenable in law. That is bow the two orders passed on 5.3.1970 and 17.4.1970 respectively came to our notice and as some doubts arose about the correctness of those orders, the matter was directed to be put up in the presence of learned Counsel for both sides to consider if the aforementioned orders are in accordance with law or they require modification.

(3.) THE next point is whether in cases where an appellate Court orders release of the Appellant on bail, it is necessary to suspend execution of the sentence.