IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11006 of 2024
.....
1) Dipash Pradhan @ Chiku Petitioners
2) Tusar Behera @ Sonu Represented By Adv. –
Mr. S.S. Ray (2)
3) Aditya Badajena @ Gudu
4) Krushna Chandra Barik @
Kanha
-versus-
.....
State Of Odisha Opposite Party
Represented By Adv. –
Smt. Sasmita Nayak,
ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
24.12.2024
Order No. I.A. No.2919 of 2024
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. This interlocutory application has been filed by the
Petitioner No.2 seeking modification of the order dated
07.10.2024 passed by this Court in the aforesaid bail
application.
3. It is submitted by the learned counsel for the Petitioner
No.2 that vide order dated 07.10.2024, the Petitioner No.2
was directed to surrender and go on bail subject to such
terms and conditions mentioned in order dated 07.10.2024.
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He further submitted that at the time of surrender of the
Petitioner No.2 before the court below, the conducting
counsel of the Petitioner No.2 came to know that the
Petitioner No.2 is having two criminal antecedents. In such
view of the matter, learned counsel for the Petitioner
submitted that the order dated 07.10.2024 be suitably
modified.
4. Considering such submission, the condition with
regard to verification of criminal antecedent as mentioned in
Paragraph-6 of order dated 07.10.2024 is modified to the
extent that in the event it is found by the court in seisin over
the matter that the Petitioner No.2 is having more than two
criminal antecedents, then the order dated 07.10.2024 shall
not be given effect to in respect of Petitioner No.2.
5. In view of the aforesaid modification, the release of the
Petitioner No.2 shall also be subject to furnishing a cash
security of Rs.4,000/- (Rupees four thousand) before the
Court in seisin over the matter which shall be kept in interest
bearing fixed deposit account in the name of the court in any
nationalized bank and renewed from time to time till
disposal of the case. The said deposit shall be subject to the
final outcome of the trial.
6. Accordingly, the time to surrender of the Petitioner
No.2 before the court below is extended to another four
weeks from today subject to deposit of a sum of Rs.1,000/-
Page 2 of 3.
(Rupees one thousand) in the Advocates’ Welfare Fund of
the Orissa High Court Bar Association within fifteen days
hence and furnishing money receipt thereof as proof of
deposit.
7. It is made clear that, if the cost is not deposited within
the stipulated time, time extended for the Petitioner No.2 to
surrender shall stand revoked automatically.
8. The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
( Aditya Kumar Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 27-Dec-2024 17:31:55
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