Nakula Baral @ Debadutta Baral v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13609 of 2022 Nakula Baral @ Debadutta Baral ....

Petitioner Mr. Suvalaxmi Devi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.11.2022 I.A. No.2165 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 petitioner that the ABLAPL No.13609 of 2022 was disposed of by order dated 21.10.2022 granting bail to the petitioner but the words i.e. "Further, it is submitted that the principal accused after facing trial has already been acquitted by the learned trial court" and in paragraph-6 the words i.e. "It is also submitted by leaned counsel for the petitioner that the petitioner has not been named in the F.I.R. and also he was not present at the spot", has been wrongly mentioned and the same may be deleted. Hence, modification has been prayed for. 4.

Further hearing learned counsels for the respective parties as well as upon perusal of the case record, it is directed that in paragraph-5 of the order dated 21.10.2022, the words i.e. "Further, it

// 2 // is submitted that the principal accused after facing trial has already been acquitted by the learned trial court" and in paragraph-6 the words i.e. "It is also submitted by leaned counsel for the petitioner that the petitioner has not been named in the F.I.R. and also he was not present at the spot" be deleted, rest part of the order shall remain intact.

5.

Four weeks' further time from today is granted to the petitioner to surrender before the learned court below, pursuant to order dated 21.10.2022 passed in ABLAPL No.13609 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 petitioner 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