Surendra Kumar Gantayat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10668 of 2021 Surendra Kumar Gantayat ....

Petitioner Mr. C. Samantaray, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

05.5.2022.

I.A. No.640 of 2022 Order No.

05.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. It is submitted that the Petitioner is a Jawan working in CRPF and presently posted in Jammu and Kashmir. It is proving financially and otherwise difficult to come to Odisha twice in every month to appear personally before the court as per one of the conditions imposed by this Court while granting bail to him. It is, therefore, prayed that instead of the condition

// 2 // 'to appear personally on each date of posting of the case' the Petitioner may be permitted to appear only on those dates on which his personal appearance is felt absolutely necessary by the court.

4. Learned counsel for the State fairly submits that having regard the grounds on which the prayer for modification is made, the Court may pass appropriate orders.

5. Considering the submissions as above and the grounds on which the prayer for modification is made, the same is allowed. The condition imposed by this Court in order dated 17th February, 2022 for the Petitioner to appear personally before the trial court on each date of posting of the case is hereby modified to the effect that he shall appear personally before the court whenever his personal appearance is deemed absolutely necessary by the Court.

6. The I.A. is, accordingly, disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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