Banamber Pati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12182 of 2022 Banambar Pati and others ....

Petitioners Mr. B.K. Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.11.2022 I.A. No.2190 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.

This I.A. has been filed by the Petitioner No.-7-Krushna @ Krushna Chandra Parida for modification of the order dated 24.09.2022.

4.

It is submitted by learned counsel for the petitioners that the ABLAPL No.12182 of 2022 was disposed of by order dated 24.09.2022 granting anticipatory bail to the petitioners but in 3rd line of paragraph-6 of the said order, it has been written subject to verification of criminal antecedents of similar nature. It is further submitted by learned counsel for the Petitioner No.-7-Krushna @ Krushna Chandra Parida that at the time of surrender of the Petitioner No.7, it is found that the Petitioner No.-7 has more than one criminal antecedents for offence under Sections 341/294/506,

// 2 // I.P.C. arising out of Pipili P.S. Case No.349 of 2021 corresponding to G.R. Case No.499 of 2021. Hence, modification has been prayed for.

5.

Further, it is submitted by learned counsel for the petitioners that the Petitioner Nos.1 to 5 availed the benefit of bail except Petitioner No.7-Krushna @ Krushna Chandra Parida. So far as the Petitioner No.7 is concerned, it was detected more than one criminal antecedents are pending against him.

6.

Accordingly, it is directed that in 3rd line of paragraph-6 of the order dated 24.09.2022 the words "Petitioner No.-7-Krushna @ Krushna Chandra Parida has more than one criminal antecedents" be inserted at the end of the paragraph-6, rest part of the order shall remain intact.

7.

Four weeks' further time from today is extended for the Petitioner No.7 to surrender before the learned court below, vide order dated 24.09.2022 passed in ABLAPL No.12182 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 Petitioner No.7 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

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