By Express News Service
CUTTACK: The Orissa High Court on Monday stayed the Special Vigilance courtroom’s order of sentencing Congress MLA from Barabati-Cuttack, Mohammed Moquim to a few years imprisonment in a mortgage rip-off case. The Vigilance courtroom, Bhubaneswar on September 29 had convicted Moquim, former IAS officer and MD Orissa Rural Housing Development Corporation (ORHDC) Vinod Kumar and two others in reference to the mortgage rip-off.
Moquim had filed a legal attraction difficult the propriety of the order on the bottom that it was “incurably defective and suffered from gross infirmities”. The attraction additional contended that the trial courtroom failed to understand the proof and supplies obtainable on file in correct perspective and handed the conviction order whereas the sentence was awarded with out correct utility of thoughts. “The trial court’s conclusion holding Moquim guilty is perverse and not sustainable in law,” senior advocate Pitambar Acharya argued on Moquim’s behalf.
Moquim had filed three miscellaneous case petitions for keep on sentence and grant of bail, keep on Rs 50,000 high-quality imposed by trial courtroom and keep on the conviction. The single choose bench of Justice BP Routray admitted the legal attraction, granted keep on execution of sentence and imposition of high-quality. Justice Routray additionally granted bail at Rs 1 lakh together with two sureties of like quantity.
When the HC took up the plea for keep on the conviction order, the State Vigilance sought time. But Acharya pressed for pressing listening to on the matter considering the seriousness of the implications of the conviction.
Justice Routray fastened October 13 for additional consideration of the matter. On September 29, Moquim, a first-time MLA, had received instantaneous reduction and was not despatched to jail after being sentenced for 3 years. As per regulation, a trial courtroom that sentences an individual to a few years imprisonment may give him/her instantaneous bail.
According to case data Moquim representing the Metro Group because the MD, had utilized for a Rs 1.5 crore time period mortgage from the ORHDC in June 2000 for an house challenge in Nayapalli space. Kumar was then the MD of ORHDC. Kumar neither positioned the mortgage utility earlier than the board of administrators nor the mortgage committee for approval.
Kumar allegedly confirmed undue favours to the actual property firm and illegally disbursed the mortgage between July and August 2000. The Vigilance division registered a case on March 30, 2005. During investigation, the Vigilance purportedly discovered that the actual property firm didn’t repay your entire mortgage quantity. As on July 31, 2007, the corporate’s excellent mortgage quantity reached Rs 6.2 crore.
The Vigilance additionally got here to know that the agency had availed loans from the ORHDC earlier than and turned a defaulter as soon as. But Moquim has claimed that he had repaid a considerable quantity of the mortgage.
CUTTACK: The Orissa High Court on Monday stayed the Special Vigilance courtroom’s order of sentencing Congress MLA from Barabati-Cuttack, Mohammed Moquim to a few years imprisonment in a mortgage rip-off case. The Vigilance courtroom, Bhubaneswar on September 29 had convicted Moquim, former IAS officer and MD Orissa Rural Housing Development Corporation (ORHDC) Vinod Kumar and two others in reference to the mortgage rip-off.
Moquim had filed a legal attraction difficult the propriety of the order on the bottom that it was “incurably defective and suffered from gross infirmities”. The attraction additional contended that the trial courtroom failed to understand the proof and supplies obtainable on file in correct perspective and handed the conviction order whereas the sentence was awarded with out correct utility of thoughts. “The trial court’s conclusion holding Moquim guilty is perverse and not sustainable in law,” senior advocate Pitambar Acharya argued on Moquim’s behalf.
Moquim had filed three miscellaneous case petitions for keep on sentence and grant of bail, keep on Rs 50,000 high-quality imposed by trial courtroom and keep on the conviction. The single choose bench of Justice BP Routray admitted the legal attraction, granted keep on execution of sentence and imposition of high-quality. Justice Routray additionally granted bail at Rs 1 lakh together with two sureties of like quantity.
When the HC took up the plea for keep on the conviction order, the State Vigilance sought time. But Acharya pressed for pressing listening to on the matter considering the seriousness of the implications of the conviction.
Justice Routray fastened October 13 for additional consideration of the matter. On September 29, Moquim, a first-time MLA, had received instantaneous reduction and was not despatched to jail after being sentenced for 3 years. As per regulation, a trial courtroom that sentences an individual to a few years imprisonment may give him/her instantaneous bail.
According to case data Moquim representing the Metro Group because the MD, had utilized for a Rs 1.5 crore time period mortgage from the ORHDC in June 2000 for an house challenge in Nayapalli space. Kumar was then the MD of ORHDC. Kumar neither positioned the mortgage utility earlier than the board of administrators nor the mortgage committee for approval.
Kumar allegedly confirmed undue favours to the actual property firm and illegally disbursed the mortgage between July and August 2000. The Vigilance division registered a case on March 30, 2005. During investigation, the Vigilance purportedly discovered that the actual property firm didn’t repay your entire mortgage quantity. As on July 31, 2007, the corporate’s excellent mortgage quantity reached Rs 6.2 crore.
The Vigilance additionally got here to know that the agency had availed loans from the ORHDC earlier than and turned a defaulter as soon as. But Moquim has claimed that he had repaid a considerable quantity of the mortgage.
