Rashmiranjan Tripathy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8208 of 2022 Rashmiranjan Tripathy and others ....

Petitioners Mr. S.N. Mishra-4, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.02.2023 I.A. No.2586 of 2022 02.

1.

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

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

This I.A. has been filed by the Petitioner Nos.1, 3, 4, 5 and 7 for modification of the order dated 22.12.2022. 4.

It is submitted by learned counsel for the petitioners that the ABLAPL No.8208 of 2022 was disposed of by order dated 11.08.2022 granting anticipatory bail to the petitioners but in the 3rd line of paragraph-9 of the order dated 11.08.2022, it has been written that the petitioners have more than one criminal antecedents of similar nature, this bail order shall not given effect to. It is further submitted by learned counsel for the Petitioners that at the time of surrender of the Petitioners, it is found that the Petitioners have more than 4(four) criminal antecedents of similar nature. Hence, modification has been prayed for.

// 2 // 5.

Accordingly, it is directed that in the 3rd line of paragraph-9 of the order dated 11.08.2022 the words "Petitioners have more than 4(four) criminal antecedents of similar nature" be inserted after the words "petitioners have" besides the terms and conditions of the order dated 11.08.2022 along with the following condition :- I.

The Petitioner Nos.1, 3, 4, 5 and 7 shall furnish cash security of Rs.10,000/- (rupees ten thousand) each before the learned court below, which shall be kept in a Nationalized Bank for a period of one year and the same shall be renewable from time to time till final outcome of the trial. Rest part of the order shall remain intact.

6.

Four weeks' further time from today is extended for the Petitioner Nos.1, 3, 4, 5 and 7 to surrender before the learned court below, vide order dated 11.08.2022 passed in ABLAPL No.8208 of 2022, but subject to depositing cost of Rs.1,000/- (Rupees one thousand) in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days 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 Nos.1, 3, 4, 5 and 7 to surrender shall stand revoked automatically. 8.

The I.A. is disposed of accordingly.

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

( A.K. Mohapatra) Judge Jagabandhu