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Orissa High CourtABLAPL/1575/2022disposed off

Santosh Boxi v. State Of Odisha

2022-02-23Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1575 of 2022

1. Santosh Boxi

2. Tuni @ Sushama Boxi

3. Padma Charan Boxi

4. Pradeep Kumar Boxi ....

Petitioners Mr. J. Trivedi, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.04.2022 I.A. No.461 of 2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). This is an application for modification of the order dated 23.02.2022.

Learned counsel for the petitioners submitted that Baliguda P.S. Case No.38 of 2022 corresponds to G.R. Case No.60 of 2022, but inadvertently the same has been mentioned as G.R. Case No.63 of 2022 in the cause title, in the body of the anticipatory bail application so also in the order dated 23.02.2022. In view of such submission, in the 4th sub-para

// 2 // of the order dated 23.02.2022, the G.R. Case number shall be read as '60 of 2022' in place of '63 of 2022'. Learned counsel for the petitioners further submitted that on 28.02.2022, steps have been taken by the petitioners to comply with the order dated 23.02.2022 but since the informant is a prasticing Advocate of the local Bar and there was threat given to them, they could not surrender and the life of the petitioners is at risk and the petitioners may be permitted to surrender before the learned S.D.J.M., Bhubaneswar instead of learned S.D.J.M., Baliguda. After considering the averments taken in the interim application and the documents filed, while not inclining to grant such relief, it is ordered that in the event the petitioners appear before the Inspector incharge of Baliguda police station on or before 16.05.

2022, the Inspector in-charge of Baliguda police station shall make necessary arrangement of appearance of the petitioners before the learned S.D.J.M., Baliguda so that they can move application for bail in terms of the order dated 23.02.2022. The Inspector in-charge of Baliguda police station shall see that there is no hindrance to the petitioners to comply with the order dated 23.02.2022. The surrender date as fixed in the order dated 23.02.2022 is extended till 16.05.2022. It is made clear that no further extension shall be granted to the petitioners.

// 3 // Accordingly, the I.A. is disposed of.

A free copy of the order be handed over to the learned counsel for the State for onward transmission to the concerned I.I.C.

A copy of the order be communicated to the concerned Court.

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

( S.K. Sahoo) Judge RKM