Bibhuti Bhusan Dwibedy @ Bibhuti Prasad v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9145 of 2022 Bibhuti Bhusan Dwibedy @ Bibhuti Prasad ....

Petitioner Mr.M.S.Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.01.2023 04.

I.A.NO.2601 OF 2022 1.

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

2.

This Interlocutory Application has been filed seeking modification of order dated 26.08.2022.

3.

It is submitted by the learned counsel for the Petitioner that in total the Petitioner has five criminal antecedents, out of which he has already been acquitted in Nemalo P.S.Case No.130 of 2022, and 74 of 2022 and Salipur P.S.Case No.212 of 2012 cases and Nemalo P.S.Case No.21 of 2022 and No.4 of 2016 are pending against the Petitioner involving offence under section 307 of the Indian Penal Code and other allied offences. It is further contended by the learned counsel for the Petitioner that the injuries sustained by the injured in the present case are simple in nature.

4.

Considering such submissions, the condition with regard to

// 2 // verification of antecedents is hereby waived and in its place the Petitioner on being released on bail shall appear before the concerned Police Station once in a week preferably on Sunday between 10 A.M. to 1 P.M. for a period of two months and thereafter once in a month till conclusion of the trial.

5.

In view of the aforesaid modification, four weeks' further time from today is granted to the Petitioner to surrender as per order dated 26.08.2022, but subject to depositing cost of Rs.500/- (Rupees five hundred) by the Petitioner in the Advocates' Welfare Fund of the Orissa High Court within 15 days from today and furnishing money receipt thereof in proof of the said deposit. 6.

It is made clear that, if cost is not paid within the aforesaid stipulated time, then the extension period to surrender shall stand automatically revoked.

7.

The I.A. is accordingly disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge