Bharat Chandra Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2484 of 2022 Bharat Chandra Parida and others ....

Petitioners Mr. A.K. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. Iswar Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.08.2023 I.A. No.1402 of 2023 06.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This interlocutory application has been filed by the Petitioner for modification of the order dated 16.08.2022 passed by this Court in the aforesaid bail application. 3.

While disposing of the bail application, this Court had directed the Petitioner to surrender and go on bail on such terms and conditions as the learned Magistrate would deem fit and proper. Additionally, the condition was imposed with regard to verification of criminal antecedent as well as injury report. In the event it is found that the Petitioner is having more than one criminal antecedent of similar nature, then the order shall stand

// 2 // automatically revoked.

4.

Learned counsel for the Petitioner submitted that in addition to the present case, i.e., Chandpur P.S. Case No.24 of 2022, the Petitioner has another criminal antecedent, i.e., Chandpur P.S. Case No.41 of 2021. Therefore, he has only one criminal antecedent of similar nature.

5.

Accordingly, the order dated 16.08.2022 needs no variation/modification.

6.

Since the Petitioner does not have more than one criminal antecedent, then the benefit of order dated 16.08.2022 be extended in favour of the Petitioner by the court below. 7.

In view of the aforesaid clarification, two weeks further time is granted to the Petitioner to surrender before the court below.

8.

The I.A. is, accordingly, disposed of.

( A.K. Mohapatra) Judge Debasis Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 19-Aug-2023 18:35:58