Sahanawaz Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13303 of 2022 Sahanawaz Khan ....

Petitioner Mr.P.K.Nayak, Advocate -versusState of Odisha ....

Opp. Party Mr.P.K.Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.11.2022 I.A.NO.2120 of 2022 1.

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

2.

This is an application for modification of order dated 18.10.2022.

3.

Heard learned counsel for the parties.

4.

The present Interlocutory Application has been filed seeking modification of order dated 18.10.2022.

5.

It is submitted by the learned counsel for the Petitioner that in the meantime similarly placed co-accused persons have been released on bail. Therefore, he seeks for a direction to apply the principle of parity to consider the bail application of the Petitioner which is not reflected in the order dated 18.10.2022.

// 2 // 6.

Accordingly, it is directed that while considering the bail application of the Petitioner learned court below shall do well to apply the principle of party.

7.

In view of the aforesaid modification, four weeks' further time from today is granted to the Petitioner to surrender as per order dated 18.10.2022, but subject to depositing cost of Rs.500/- (Rupees five hundred) by the Petitioner in the Advocates' Welfare Fund of the Orissa High Court within 15 days from today and furnishing money receipt thereof in proof of the said deposit. 8.

It is made clear that, if cost is not paid within the aforesaid stipulated time, then the extension period to surrender shall stand automatically revoked.

9.

The I.A. is accordingly disposed of.

10.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS