Ajaya Gupta v. Republic Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 9553 of 2022 Ajaya Gupta ....

Petitioner Mr. S.C. Atabudhi, Adv.

-versusRepublic of India ....

Opposite Party Ms. Babita Sahoo, CGC

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

14.11.2022 I.A. No.2135 of 2022 03.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard learned counsel for the Petitioner as well as learned counsel for the State.

3.

Heard the learned counsel for the Petitioner. 4.

Considering the grounds taken in I.A., the order dated 13.09.2022 passed in I.A. No.1264 of 2022 is hereby recalled. 5.

Accordingly, the I.A. is disposed of.

(A.K. Mohapatra) Judge

I.A. No.1264 of 2022 04.

1.

This interlocutory application has been filed by the Petitioner for modification of the order dated 11.08.2022 passed by this Court in the aforesaid bail application.

2.

Heard.

3.

It is submitted by the learned counsel for the Petitioner that on verification, it was found that the Petitioner is involved in two other similar nature of offence. Therefore, they sought for modification of the condition, by which, this Court directed the court below to verify the criminal antecedent of the Petitioner.

4.

Considering such submission, the condition imposed by this Court in paragraph-6 of the order dated 11.08.2022 stands modified to the extent that in the event it is found that the Petitioner has more than two criminal antecedents, this order shall not be given effect to. Further, a new condition is added that the Petitioner shall appear before the concerned police station once in a week within a period of two months and thereafter once in a fortnight till conclusion of the trial and also furnish cash security of Rs.10,000/- (Rupees ten thousand) in the name of court below which shall be kept in fixed deposit.

5.

So far as the extension of time to surrender of the Petitioner before the Court in seisin over the matter is concerned, the time to surrender of the Petitioner 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.

6.

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.

7.

The I.A. is disposed of accordingly.

8.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge Debasis