Ratnakar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8584 of 2021

1. Ratnakar Sahu

2. Prabhakar Sahu

3. Sharmistha Mahapatra

4. Sumitra Mahapatra

5. Surjyamani Mahapatra ....

Petitioners Mr.P.S. Nayak, Advocate -versusState of Odisha ....

Opp. Party Mr.Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.07.2022 I.A. No. 452 of 2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). This is an application for modification of the order dated 23.03.2022 and also for extension of time to surrender in the Court below as per the said order. Learned counsel for the petitioners submitted that in the third paragraph of the order dated 23.03.2022, while mentioning the offences, under section 302 of the Indian Penal Code has been reflected therein. However, though initially at the time of registration of the F.I.R. as well as submission of preliminary charge sheet, such offence was there but when the final charge sheet has

// 2 // submitted, in its place under section 306 of the Indian Penal Code has been added.

Learned counsel for the State has no objection. Considering the submission of learned counsel for the petitioners, it is directed that the learned Courts below shall take into account such fact after verification of the case record while adjudicating the bail application and the date of surrender as per the order dated 23.03.2022 is extended till 22.07.2022. It is made clear that no further extension shall be granted to petitioners.

The rest part of the order dated 23.03.2022 remains unaltered.

The I.A. is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM