Lala Amritsagar Ray @ Lala Amrut Sagar Ray v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2824 of 2022 Lala Amritsagar Ray @ Lala Amrut Sagar Ray ....
Petitioner Mr. Debasnan Das, Advocate -versusState of Odisha ....
Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
19.5.2023.
I.A. No.6 of 2023 Order No.
04.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
3. This application has been filed for modification of the order dated 11th May, 2022 passed in BLAPL No.2824/2022. The Petitioner was granted bail subject to furnishing cash security of Rs.4,00,000/- (Rupees Four Lakhs). It is submitted that because of financial stringency, the Petitioner is not able to make deposit of Rs.4.00,000/- as directed by this Court. As a
// 2 // result, despite being granted bail since more than a year ago, he is still languishing in jail custody. It is submitted by learned counsel for the Petitioner that the Petitioner would be in a position to deposit cash security of Rs.1,00,000/- (Rupees One Lakh).
4. After hearing learned counsel for the Petitioner and on going through the order dated 11th May, 2022, this Court feels that because of non-compliance of the condition imposed, the Petitioner has been languishing in jail despite an order of bail granted in his favour. This almost amounts to refusal of bail, which this Court did not intend. The petition for modification is therefore, allowed. The order dated 11th May, 2022 passed in BLAPL No.2824/2022 is modified only to the extent of directing the Petitioner to deposit cash security of Rs.1,00,000/- (Rupees One Lakh) instead of Rs.4,00,000/-(Rupees Four Lakhs) before the Court below with all other conditions shall remaining intact.
5. The I.A. is accordingly disposed of.
6. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) AKB Judge Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa Date: 22-May-2023 12:34:31