Chandramani Kata v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 12700 of 2022 Chandramani Kata and others ....

Petitioners Mr. S.G. Das, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

14.11.2022 I.A. No.2219 of 2022 Order No.

02.

1.

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

2.

This interlocutory application has been filed by the Petitioners for modification of the order dated 30.09.2022 passed by this Court in the aforesaid bail application.

3.

Heard.

4.

It is submitted by the learned counsel for the Petitioners that at the time of surrender, it is found that the Petitioner No.10 has one more criminal antecedent.

5.

Considering such submission, the condition imposed by this Court in paragraph-4 of the order dated 030.09.2022 with regard to verification of criminal antecedent of the Petitioner No.10 stands modified to the extent that

in the event it is found that the Petitioner No.10 has more than one criminal antecedent, this order shall not be given effect to. 6.

Further, learned counsel for the Petitioners referring to order dated 19.10.2022 passed by the learned court below, submits that the injury report of some of the injured persons are not available and further referring to the same order, it is submitted that they are absconding from their house and whereabouts of them not known. In such view of the matter, learned counsel for the Petitioners submits that it is difficult to get the injured report of the injured persons.

7.

Considering the seriousness and gravity of the allegation, the condition with regard to verification of injury is hereby waived. 8.

So far as the extension of time to surrender of the Petitioners before the Court of J.M.F.C., Kantabanji is concerned, the time to surrender of the Petitioners is extended to another four weeks from today subject to deposit of a sum of Rs.500/- (Rupees five hundred) in the Advocates' Welfare Fund of the Orissa High Court Bar Association within fifteen days hence and furnishing money receipt thereof in proof of deposit. 9.

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.

10.

The I.A. is disposed of accordingly.

11.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge Debasis