Bidyadhara Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7962 of 2021 Bidyadhara Dash ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.01.2023 I.A. No.1 of 2023 05.

1.

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

2.

This interlocutory application has been filed by the Petitioner seeking modification of the order dated 27.04.2022 passed by this Court in the aforesaid bail application by furnishing property security instead of cash security.

3.

It is submitted by Mr. J.K. Panda, learned counsel appearing for the Petitioner submits that since the Petitioner is unable to arrange money, he is languishing in custody, although this Court had allowed his bail application vide order dated 27.04.2022 subject to deposit of cash security before the Court in seisin over the matter, as has been indicated in paragraph-7(i) of the aforesaid order. He further contended that the elder sister of the Petitioner has expired on 27.12.2022. Therefore, the Petitioner is in difficulty to arrange cash security.

// 2 // 4.

Learned Additional Standing Counsel appearing for the StateOpposite Parties, on the other hand, submits that considering the nature and gravity of the crime, the Petitioner be directed to furnish the property security to secure the amount.

5.

Considering such submission, it is directed that the condition No.(i) of paragraph-7 of order dated 27.04.2022 is modified to the extent that the Petitioner shall furnish property security to the tune of Rs.2,00,000/- (Rupees two lakhs) in place of cash security as has been indicated in paragraph-7(i) of the order dated 27.04.2022. All other conditions shall remain intact.

6.

With the aforesaid observation and direction, the I.A. stands disposed of.

7.

Issue urgent certified copy as per rules in course of the day. ( A.K. Mohapatra ) Judge Debasis