Dharani Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMA No. 4 of 2022 Dharani Behera ....

Petitioner Mr. J. Behera, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 14.02.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The sole grievance of the petitioner in the present application is that while directing release of the seized vehicle under Section 457 of Cr.P.C. the learned Sessions Judge, Nayagarh has imposed, inter alia, the condition of furnishing cash security of Rs.15,000/-. 4.

It is submitted by learned counsel for the petitioner that having regard to the poor financial condition of the petitioner, he is unable to comply with such condition and in any case the same is harsh and excessive.

5.

Learned Additional Standing Counsel fairly submits that considering the financial condition of the petitioner, the Court may pass appropriate order.

6.

A perusal of the impugned order reveals that the learned Court below, vide the impugned order has imposed certain conditions

including the condition of furnishing cash security of Rs.15,000/- and also property surety/indemnity bond of Rs.50,000/- 7.

Having regard to the fact that the vehicle is a motorcycle and property surety/indemnity bond of Rs.50.000/- is to be furnished as also the submission of learned counsel for the petitioner regarding financial status of the petitioner, I am inclined to allow the application.

8.

The CRLMA is therefore, allowed.

9.

The impugned order in so far as its relates to the condition for furnishing cash security of Rs.50,000/-, is hereby waived with all other conditions remaining intact.

10. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge