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2018 Supreme(Ori) 950

J.P.DAS
Bhagirathi Biswal – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G. Mishra, A. Das, D.K. Patra, J.R. Deo and A. Khandal
For the Respondent: Sanjaya Kumar Dash, Standing Counsel

ORDER :

J.P. Das, J.

1. This is an application under Section 389 of the Criminal Procedure Code seeking stay of conviction of the appellant-petitioner who stood convicted under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo different periods of rigorous imprisonment and fine by the learned Special Judge, Vigilance, Sambalpur in C.T.R Case No. 20 of 2009 in judgment dated 12.04.2018.

2. It was alleged that the complainant lodged a written report before the S.P., Vigilance, Sambalpur alleging that the complainant was an applicant for P.M.R.Y. loan and the accused-petitioner who was working as V.A.S, Rengali in the district of Sambalpur, demanded an illegal gratification of Rs. 2000/- from the complainant for issuing insurance certificate of two cows. On receipt of the complaint, the matter was entrusted to one Inspector, Vigilance who laid a trap in the office of the appellant-petitioner and the complainant on appearance before him, gave him four numbers of five hundred rupee currency notes which were accepted by the appellant. As per pre-arranged signal, the officers rushed to the spot and recovered the tainte

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