Sk. Sadab Kadir v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 8623 of 2022 Sk. Sadab Kadir and others ....

Petitioners Mr. S. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

09.05.2023 I.A. No.568 of 2023 02.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

This interlocutory application has been filed by the Petitioners seeking modification of the condition imposed by this Court vide order dated 28.07.2022.

3 .

Learned counsel for the Petitioner submitted that in the meantime charge sheet has been filed. However, in view of the condition imposed, the Petitioners are facing difficulty in travelling from Cuttack to Angul on each and every date. 4.

Considering such submission, the condition with regard to "they shall not default in attendance of the court during trial on each date of posting" imposed vide order dated 28.07.2022 is modified to

the extent that they shall appear before the trial court as and when their presence is required for the purpose of trial. Further, so far Petitioner No.2 is concerned, as it is submitted by the learned counsel for the Petitioner that he has suffering from brain stroke, therefore, his personal appearance in trial court is dispensed with unless the trial court specifically directed for the purpose of his personal appearance.

5.

With the aforesaid modification, the I.A. is disposed of. (A.K. Mohapatra) Judge Debasis DEBASIS AECH Date: 2023.05.10 20:18:07 +05'30'