Mallika Sabat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3930 of 2022 Mallika Sabat ....

Petitioner Mrs. M. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

21.03.2023 Order No.

03.

I.A. No.279 of 2023 1.

Heard Mrs. Panda, learned counsel for the petitioner engaged by the Legal Service Authority and Mr. A. Pradhan, learned ASC for the State.

2.

This I.A. has been filed by the petitioner for modification of order dated 05.08.2022.

3.

It is submitted by the learned counsel for the petitioner that though the petitioner was directed to be released on bail by order dated 05.08.2022, in view of the stipulation of furnishing cash security to the tune of Rs.2,50,000/-(Rupees two lakh fifty thousand), as the petitioner is not able to furnish the same on account of penury, she is still in custody.

4.

It is further submitted that in the interregnum, the petitioner has lost her father and since her mother is a heart patient, she seeks modification of the order relating to the cash security in the interest of justice and direct waiver of the same and instead

petitioner is to furnish unencumbered property security worth of Rs.50,000/-(Rupees fifty thousand).

5.

Taking into account the submission of the learned counsel for the petitioner and the circumstances as noted, this Court is persuaded to modify the order relating to the cash security. 6.

Other stipulations remain unaltered.

7.

With the aforesaid order, this I.A. stands disposed of. Learned Court is called upon to act on the basis of the order dated 05.08.2022 as modified and the order passed in this I.A. 8.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha