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Orissa High CourtABLAPL/6547/2022disposed off

Pabitra Bhoi v. State Of Odisha

2022-07-26Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 6547 of 2022 Pabitra Bhoi ....

Petitioner Mr. D.K. Mohanty, Adv.

-versusState of Odisha ....

Opposite Party P.C. Das, ASC

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

01.02.2023 I.A. No.2557 of 2022 Order No.

04.

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 26.07.2022 passed by this Court in the aforesaid bail application.

3.

Heard.

4.

It is submitted by the learned counsel for the Petitioner that at the time of surrender of the Petitioner before the Court in seisin over the matter, Petitioner came to know that he has one more criminal antecedent against him and on further query, Petitioner came to learn that the offence involved in the criminal antecedent is punishable for less than seven years. 5.

Considering such submission, the condition with regard to verification of antecedent mentioned in Paragraph-5 of the order dated

26.07.2022 is modified to the extent that this order shall not be given effect to in the event it is found that the Petitioner has more than one criminal antecedent.

6.

In view of such modification, the time to surrender of the Petitioner before the Court in seisin over the matter is extended to another four weeks from today subject to deposit of a sum of Rs.500/- (Rupees five hundred) in the Advocates' Welfare Fund of the Orissa High Court Bar Association within fifteen days hence and furnishing money receipt thereof in proof of deposit.

7.

It is made clear that, if the cost is not deposited within the stipulated time, time extended for the Petitioner to surrender shall stand revoked automatically.

8.

The I.A. is disposed of accordingly.

9.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge Debasis