Lambodhar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11199 of 2022 Lambodhar Nayak and others ....

Petitioners Mr. A. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.11.2022 I.A. No.2155 of 2022 02.

1.

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

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The present I.A. has been filed for modification of the order dated.15.09.2022.

4.

It is submitted by learned counsel for the petitioners that the ABLAPL No.11199 of 2022 was disposed of by order dated 15.09.2022 granting bail to the petitioners. It is further submitted by learned counsel for the petitioners that in paragraph-4 of the said order, there is a condition whereby the petitioners shall be released on bail subject to verification of the injury report. As per injury report, it is contended by learned counsel for the petitioners that all the injuries are simple in nature except one injury i.e. loss of one tooth, which is shown as grievous in nature. Hence, modification has

// 2 // been prayed for.

5.

Perused the injury report submitted in Court today. 6.

Considering the submission made by the respective parties, it is directed that in paragraph-4 of the order dated 15.09.2022, the condition of verification of injury report be waived, rest part of the order shall remain intact.

7.

Four weeks' further time from today is granted to the petitioners to surrender before the learned court below, pursuant to order dated 15.09.2022 passed in ABLAPL No.11199 of 2022, but subject to depositing cost of Rs.500/- (Rupees five hundred) in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit.

8.

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.

9.

The I.A. is disposed of accordingly.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu