Mahadeb Deheri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12790 of 2022 Mahadeb Deheri and others ....

Petitioners Mr. P.K..Routray, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.02.2023 I.A. No.2607 of 2022 03.

1.

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

2.

Heard learned counsel for the petitioners as well as learned counsel for the State.

3.

It is submitted by learned counsel for the petitioners that the ABLAPL No.12790 of 2022 was disposed of by order dated 30.09.2022 granting bail to the petitioners. It is further submitted by learned counsel for the petitioners that in paragraph-7 of the said order, there is a condition whereby the petitioners shall be released on bail subject to verification of the injuries. It is also submitted that although the injured sustained fracture injury on his leg, however, he has recovered in the meantime and moving around the locality. Further, it is submitted that charge-sheet has already been submitted for offence under Sections 452/323/325/354/294/506/34, I.P.C.

// 2 // Therefore, learned counsel for the petitioners prays that the said condition may kindly be waived. Hence, modification has been prayed for.

4.

Considering the submission made by the respective parties, it is directed that in paragraph-7 of the order dated 30.09.2022, the condition of verification of injuries be waived, rest part of the order shall remain intact.

5.

In view of the aforesaid modification, four weeks' further time from today is extended for the petitioners to surrender before the learned court below, vide order dated 30.09.2022 passed in ABLAPL No.12790 of 2022, but subject to depositing cost of Rs.1,000/- (Rupees one thousand) in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit.

6.

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.

7.

The I.A. is accordingly disposed of.

Urgent certified copy of this order be granted on proper application in course of the day.

( A.K. Mohapatra ) Judge Jagabandhu