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Orissa High CourtABLAPL/14416/2021disposed off

Alahari Ramesh v. State Of Odisha

2022-09-06Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14416 of 2021 Alahari Ramesh ....

Petitioner Mr.S.K. Biswal, Advocate -versusState of Odisha ....

Opposite Party Mr.S. Pattnaik ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

22.11.2022 I.A. No.1834 of 2022 Order No.

04.

1.

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

2.

The Petitioner, by filing this application, has prayed for modification of condition as to furnishing of property security of Rs.40,00,000/- as had been imposed for his release on bail vide order dated 06.09.2022 passed in ABLAPL No.14416 of 2021.

3.

Learned counsel for the Petitioner submits that despite the order of bail being passed on 06.09.2022, the Petitioner, having no property worth of Rs.40,00,000/- is not in a position to comply with the condition as to furnishing of property security. It is further stated that in view of running of the case for long, it is not possible on the part of the Petitioner to get the help from any of his friends or relations in that regard and

// 2 // for this, the Petitioner is not able to reap the benefit of the order of anticipatory bail. He, therefore, urges for waiver of that condition as to furnishing of property security. 4.

Learned counsel for the State submits that in the facts and circumstances of the case, the Court has rightly fixed the said condition which needs no modification.

5.

Considering the submissions made and further keeping in view the fact that the Petitioner being not able to comply the above condition has not surrendered before the Court below within the time stipulated; this Court feels inclined to reduce the quantum of furnishing of property security of Rs.40,00,000/- (rupees forty lakhs) to Rs.20,00,000/- (Rupees Twenty Lakhs).

In view of the above modification, the time period for surrender of the Petitioner in the court below is extended by four weeks with effect from today.

6.

The I.A. is accordingly disposed of.

Issue urgent certified copy of this order as per rules. (D.Dash) Judge Basu