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Orissa High CourtBLAPL/97/2022disposed off

Satya Sankar Satpathy v. State Of Odisha

2022-08-25Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 97 of 2022 Satya Sankar Satpathy ...

Petitioner Mr. A. Das, Advocate -Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, A.S.C.

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.02.2023

1. This matter is taken up through hybrid mode. Order No.

05.

2.

The petitioner was granted bail on 28.08.2022, subject to furnishing cash security of Rs. 5,00,000/- (five lakhs) in the shape of short term fixed deposit. The prayer for modification has been made on the ground that the petitioner is unable to arrange the required amount to furnish cash security as directed by this Court. As a result, despite being granted bail since more than 5 months back, he is still languishing in jail custody. It is submitted that this amounts to refusal of bail.

3.

Since this Court, on consideration of merits of the case decided to grant bail to the petitioner and the only impediment in his release is his inability to arrange the amount required to be furnished as cash security, I am inclined to take a lenient view in the matter. Prayer for modification is allowed. 4.

The order dated 25.08.2022 is modified only to the extent that in stead of Rs. 5,00,000/- (five lakhs) the petitioner shall furnish cash security of Rs. 1,00,000/- . All other conditions shall remain intact.

(Sashikanta Mishra) Judge Deepak

Judge