Chandra Sekhar Nayak @ Bablu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13409 of 2022 Chandra Sekhar Nayak @ Bablu and others ....
Petitioners Mr. K.K. Mishra, Advocate -versusState of Odisha ....
Opp. Party Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
25.11.2022 I.A. No.2183 of 2022 02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioners and learned counsel for the State.
3.
This I.A. has been filed by the Petitioner No.4-Kanhu Pradhan for modification of the order dated 19.10.2022. 4.
It is submitted by learned counsel for the petitioners that the ABLAPL No.13409 of 2022 was disposed of by order dated 19.10.2022 granting anticipatory bail to the petitioners but in subpara of paragraph-4 of the said order, it has been written subject to verification of criminal antecedents of similar nature. It is further submitted by learned counsel for the Petitioner No.4-Kanhu Pradhan that at the time of surrender of the Petitioner No.4, it is found that the Petitioner No.-4 has more than three criminal antecedents for offence under Sections 4528323/385/387/392, I.P.C. and 323/385/387, I.P.C.
// 2 // respectively arising out of Kumbharapada P.S. Case No.171 of 2021 and 172 of 2021. Hence, modification has been prayed for. 5.
Further, it is submitted by learned counsel for the petitioners that except Petitioner No.4-Kanhu Pradhan, other petitioners have been availed the benefits of the order dated 19.10.2022. So far as the Petitioner No.4 is concerned, it was detected more than three criminal antecedents are pending against him. 6.
Accordingly, it is directed that sub-para of paragraph-4 of the order dated 19.10.2022 the words "Petitioner No.4-Kanhu Pradhan has more than three criminal antecedents" be inserted at the end of the sub-para of paragraph-4 with the following terms and conditions that :- I.
The Petitioner No.4-Kanhu Pradhan shall furnish cash security of Rs.10,000/- (rupees ten thousand) before the learned court below, which shall be kept till final outcome of the trial; and II.
he shall appear before the concerned Police Station once in a fortnight preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. for a period of two months and then he shall appear before the concerned Police Station once in a month preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. till conclusion of trial.
Violation of any of the terms and conditions shall entail cancellation of bail.
7.
Four weeks' further time from today is extended for the Petitioner No.4 to surrender before the learned court below, vide order dated 19.10.2022 passed in ABLAPL No.13409 of 2022, but subject to
// 3 // 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. 8.
It is made clear that, if the cost is not deposited within the stipulated time, time extended for the Petitioner No.4 to surrender shall stand revoked automatically.
9.
The I.A. is disposed of accordingly.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu