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Orissa High CourtBLAPL/10757/2021disposed off

Rajib Giri v. State Of Odisha

2022-01-24Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.10757 OF 2021 Rajib Giri ....

Petitioner Mr. P.K. Nanda, Advocate -versusState of Odisha ....

Opposite Party Mr. G.N. Rout, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

20.05.2022 I.A. NO.334 OF 2022 02.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical) Mode.

2.

The Petitioner, by filing this application, has prayed for modification of condition as to deposit of cash of Rs23,00,000/- as had been imposed for his release on bail vide order dated 24.01.2022 passed in BLAPL No.10757 of 2021. 3.

Learned counsel for the Petitioner submits that despite the order of bail being passed on 24.01.2022, the Petitioner being not in a position to arrange the funds for complying with the condition as to deposit of cash, he has remained in custody. It is stated that the Petitioner is having no other person to shoulder the burden of the family and he is also not getting any help from any other quarter as having remained in custody for quite sometime, he has lost all his contact. He, therefore, urges for waiver of that condition as to deposit of cash.

4.

Learned counsel for the State submits that in the facts and circumstances of the case, the Court has rightly fixed the

// 2 // said condition and therefore, the same needs no further modification.

5.

Considering the submissions made, and further keeping in view the fact that despite the grant of bail to the Petitioner, he has not been released from custody for his failure to comply the condition as to deposit vide order dated 24.01.2022; it is directed that the Petitioner would now be depositing cash of Rs. 1,00,000/- (Rupees One Lakh) and furnish property security to the tune of Rs.1,00,000/- (Rupees One Lakh) for his release on bail.

It is further clarified that the Court below while accepting the property offered as security would arrive at a satisfaction that the same are free from encumbrance and have not been given as security in any other case(s). 6.

The I.A. is accordingly disposed of.

Issue urgent certified copy as per rules.

(D.Dash) Judge Narayan