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Orissa High CourtABLAPL/9920/2022disposed off

Lingaraj Muduli v. State Of Odisha

2022-08-22Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 9920 of 2022 Lingaraj Muduli and another ....

Petitioners Mr. Sk. Kalim Uddin, Adv.

-versusState of Odisha ....

Opposite Party Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

11.01.2023 I.A. No.2363 of 2022 Order No.

02.

1.

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

2.

This interlocutory application has been filed by the Petitioners for modification of the order dated 22.08.2022 passed by this Court in the aforesaid bail application.

3.

Heard learned counsel for the Petitioners.

4.

It is submitted by the learned counsel for the Petitioners that at the time of surrender, Petitioners have found that there are four other cases of similar nature pertaining to same family with regard to civil dispute is there against them. He further contended that in all the four cases, the Petitioners are on bail.

5.

Considering such submission, the order dated 22.08.2022 is modified to the extent that while verifying the antecedent of the Petitioners,

the Court in seisin over the matter shall take into consideration the aforesaid fact and this order shall not be given effect to in the event it is found that the Petitioners have more than four criminal antecedents as narrated hereinabove.

6.

In view of the aforesaid modification, the time to surrender of the Petitioners before the Court in seisin over the matter is extended by another four weeks from today subject to Petitioners depositing 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.

7.

It is made clear that, if the cost is not deposited within the stipulated time, time extended for the Petitioners to surrender shall stand revoked automatically.

8.

I.A. is disposed of accordingly.

9.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge Debasis