China Baig @ Abzal Baig @ Afzal Baig v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11616 of 2022 China Baig @ Abzal Baig @ Afzal Baig ....

Petitioner Mr. S.S.Ray, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

18.11.2022 Order No.

04.

I.A.No.2238 of 2022 1.

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

2.

Heard learned counsel for the parties.

3.

The present Interlocutory Application has been filed seeking modification of order dated 19.09.2022.

4.

It is submitted by the learned counsel for the Petitioner that at the time of surrender, it was detected that the Petitioner has two more criminal antecedents other than this case for commission of offence under section 379 of the Indian Penal Code.

5.

Considering such submission, the order dated 19.09.2022 stands modified and the condition in Parag-4 with regard to verification of criminal antecedents stands modified and in place of "criminal antecedents" mention "two criminal antecedents of similar nature". Further additional condition be imposed with regard to furnishing of cash security of Rs.5,000/-(Rupees five thousand) which shall be subject to the final outcome of the trial of the case.

// 2 // 7.

In view of the aforesaid modification, four weeks' further time from today is granted to the Petitioner to surrender as per order dated 19.09.2022, 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. 8.

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.

9.

The I.A. is accordingly disposed of.

10.

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