Sila David Nayak v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.112 of 2022 Sila David Nayak ....
Petitioner Mr. M. Mishra, Advocate -versusState of Odisha ....
Opp. Party Mr. S.S. Mohapatra, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
16.02.2024 09.
I.A. No.1475 of 2023 This matter is taken up through Hybrid arrangement (video conferencing/physical mode). This is an application for modification of the condition of the bail order.
Heard learned counsel for the petitioner and leaned counsel for the State.
It appears that the petitioner was directed to be released on bail as per order dated 26.10.2022, inter alia, with the condition that he shall furnish cash security of Rs.5,00,000/- (rupees five lakhs) at the time of release on bail. The said order was modified on 03.03.2023 in I.A. No.2288 of 2022 and the petitioner was directed to deposit a sum of
// 2 // Rs.1,00,000/- (rupees one lakh) at the time of release on bail and give an undertaking to deposit the balance amount of Rs.4,00,000/ (rupees four lakhs) in eight equal monthly installments, i.e., Rs.50,000/- (rupees fifty thousand) and each of the installment is to be deposited within first week of every month.
The status report submitted by the learned J.M.F.C., U.T.P., Cuttack dated 19.12.2023 indicates that the petitioner has deposited a sum of Rs.1,00,000/- (rupees one lakh) at the time of her release on bail and further she has deposited two installments of Rs.50,000/- (rupees fifty thousand). Learned counsel for the petitioner submits that thereafter another monthly installment of Rs.50,000/- has been deposited in the Court of learned J.M.F.C., U.T.P., Cuttack and the outstanding dues as per order dated 03.03.2023 is Rs.2,50,000/- (rupees two lakhs fifty thousand) and since the petitioner is facing financial difficulties, the monthly instalment quantum be reduced from Rs.50,000/- to Rs.25,000/- so that the petitioner will clear the balance amount in ten equal monthly installments.
Learned counsel for the State has no serious objection to such submission.
Considering the submissions made by learned counsel for the respective parties, the order dated 03.03.2023 is modified to the extent that if the
// 3 // balance amount as stated is correct, out of balance amount of Rs.2,50,000/-, the petitioner shall deposit a sum of Rs.25,000/- (rupees twenty five thousand) in the first week of every month till she clears the balance amount of Rs.2,50,000/-.
Rest part of the order dated 03.03.2023 remains unaltered.
The I.A. stands disposed of.
Issue urgent certified copy as per rules.
amit (S.K. Sahoo) Judge Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Feb-2024 11:30:07