Pemani @ Sanjay Dutta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 13305 of 2022 Pemani @ Sanjay Dutta ....

Petitioner Mr. S.K. Pattanaik, Adv.

-versusState of Odisha ....

Opposite Party Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

15.11.2022 I.A. No.2201 of 2022 Order No.

04.

1.

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

2.

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

3.

This interlocutory application has been filed by the Petitioner for modification of the order dated 18.10.2022 passed by this Court in the aforesaid bail application.

4.

Heard learned counsel for the Petitioner.

5.

It is submitted by the learned counsel for the Petitioner that at the time of surrender, it came to knowledge that the Petitioner has five criminal antecedents including the present case. However, it is further submitted that the present case has been registered involving an offence under Section 307 of I.P.C. and other cases having registered under different sections of the

Indian Penal Code wherein the punishment does not exceed seven years. If that is so, then the Petitioner shall be released on bail. Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.5,000/- (Rupees five thousand) before the court in seisin over the matter which shall be subject to the final outcome of the trial. 6.

In view of the aforesaid modification, the time to surrender of the Petitioner before the Court in seisin over the matter is extended by another four weeks from today subject to Petitioner depositing 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.

7.

It is made clear that, if the cost is not deposited within the stipulated time, time extended for the Petitioner to surrender shall stand revoked automatically.

8.

I.A. is disposed of accordingly.

9.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge Debasis