Rakesh Bagarty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12813 of 2022 Rakesh Bagarty and another ....

Petitioners Mr. S.K. Tripathy, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.11.2022 I.A. No.2227 of 2022 02.

1.

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

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

It is submitted by learned counsel for the petitioners that the ABLAPL No.12813 of 2022 was disposed of by order dated 30.09.2022 granting anticipatory bail to the petitioners but in 10th line of paragraph-4 of the said order, it has been written subject to verification of injury and criminal antecedents of similar nature. In fact, the petitioners have one criminal antecedents of similar nature. It is further submitted that the case dairy along with injury report and criminal antecedents has not been produced by the Investigating Officer on the date of surrender. Hence, modification has been prayed for.

4.

Accordingly, it is directed that in 20th line of paragraph-4 of

// 2 // the order dated 30.09.2022 the words "one criminal antecedent of similar nature" be inserted after the word "and", rest part of the order shall remain intact. It is further directed that case diary as well as injury report and criminal antecedents be produced on the date of surrender of the petitioners.

5.

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.12813 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. 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 disposed of accordingly.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu