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Orissa High CourtBLAPL/8250/2022disposed off

Rashmi Ranjan Dash v. State Of Odisha

2022-11-28Mr. Justice Gourishankar Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8250 of 2022 Rashmi Ranjan Dash ...

Petitioner Mr. P.R. Mishra, Advocate -versusState of Odisha ...

Opposite Party Mr. S. R. Roul, ASC Mrs. S. Jena, Advocate (for informant)

CORAM:

JUSTICE G. SATAPATHY ORDER(ORAL) 16.01.2024 I.A. No. 1261 of 2023 Order No.

26.

1.

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

2.

This is an application for modification of the order passed by this Court on 28.11.2022 in BLAPL No. 8250 of 2022 for relaxing the conditions for grant of bail.

3.

Heard, Mr. P.R. Mishra, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the matter. Although the learned counsel for the informant has received the copy of the affidavit stated to be filed on the last date by the learned counsel for the petitioner, but she is not present in the Court today.

4.

After having considered the rival submission and taking into consideration the averments taken in the

I.A., so also the facts stated in the affidavit stated to be sworn in by the mother of the petitioner and taking into account the pre-trial custody of the petitioner despite being ordered to be released on bail and his inability to furnish the cash surety, this Court by taking a lenient view relaxes the conditions for furnishing cash surety for grant of bail to the petitioner.

5.

Accordingly, the order passed by this Court on 28.11.2022 in BLAPL No. 8250 of 2022 is hereby modified to the extent as prayed for by the petitioner in the affidavit to deposit the cash surety in 10 equal monthly installments with commencement of first installment on 31st January, 2024. The petitioner be released on bail after deposit of first installment on same terms and conditions as directed by this Court in BLAPL No. 8250 of 2022 and the rest of the 9 monthly installments of cash surety be deposited in the first week of every succeeding calendar month for continuation of the bail of the petitioner.

6.

Accordingly, the I.A. stands disposed of.

(G. Satapathy) Judge S. Sasmal Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 18-Jan-2024 11:14:39