IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMA No. 14 of 2024
….
Evos Buildcon Pvt. Ltd. Petitioner
Mr. A.K. Budhia , Advocate
-versus-
….
State of Odisha and another Opposite Parties
Mr. K.K. Gaya, ASC
CORAM:
JUSTICE V. NARASINGH
ORDER
31.01.2024
CRLMA No. 14 of 2024 and I.A. No.9 of 2024
Order No.
01. 1. Heard learned counsel for the Petitioner-Informant and
learned counsel for the State.
2. This is an application under Section 439(2) of Cr.P.C. for
cancellation of bail granted to the Opposite Party No.2 by this Court
by order dated 30.11.2023 in BLAPL No.12661 of 2023. The said
Opposite Party No.2 is admittedly in custody.
3. The Informant is seeking cancellation of bail on the ground
that the property surety, as furnished in terms of the order passed by
this Court was forged one.
4. It is seen from the order dated 22.01.2024 that the learned
Court in seisin taking into account the alleged forgery of documents
has directed for necessary action to be initiated under the penal
code and the extract of the order has been sent to the Superintendent
of Special Jail, Bhubaneswar with liberty to the Investigating
Officer to seize the original documents kept with the said Court
after obtaining due permission and granted liberty to the accused
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person to file fresh property surety in terms of the order passed by
this Court dated 22.01.2024.
5. Taking note of the same, since the Opposite Party No.2 is
in custody and the learned Court in seisin has already taken steps in
accordance with law vis-à-vis the grievance of the informant, for
which this CRLMA has been filed, in the considered view of the
Court the case at hand does not warrant exercise of jurisdiction
under Section 439(2) of the Cr.P.C.
6. Accordingly, the CRLMA stands disposed of.
7. In view of the disposal of the CRLMA, I.A stands disposed
of.
(V. NARASINGH)
Judge
Santoshi
Signature Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 01-Feb-2024 13:54:35
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