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Orissa High CourtCRLMA/14/2022disposed off

Sandeep Singh Kakkad v. State Of Odisha

2022-05-06Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMA No.14 of 2022 Sandeep Singh Kakkad ....

Petitioner Mr. B.K.Ragada, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

06.5.2022.

01.

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

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The present application has been filed seeking modification of one of the conditions imposed by the court below while granting bail to the Petitioner. By order dated 12th July, 2001 passed in S.T. Case No.120/2001, the trial court while granting bail to the Petitioner, inter alia, imposed the condition that he shall appear before the Court on each date of trial till disposal of the case.

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4. It is submitted that the Petitioner is a businessman and moving out of station for his business and, therefore, it may not be practically possible on his part to personally appear before the trial court on each date of trial till disposal of the case.

5. Considering the submissions as above, the prayer for modification is allowed. The condition imposed by Trial Court in order dated 12th July, 2001 passed in S.T. Case No.120/2001 that the Petitioner shall appear before the Court on each date of trial till disposal of the case is hereby modified to the extent that the Petitioner shall be permitted to be represented through his counsel under the provisions of Section 317 of Cr.P.C., but he shall have to appear personally if his personal attendance is considered necessary by the Court.

6. The CRLMA is, accordingly, disposed of.

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

(Sashikanta Mishra) AKB Judge

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