Dukhanashan Deheria v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10776 of 2021 Dukhanshan Degeria ....

Petitioner Mr.N.N. Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. G.N. Rout, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

11.04.2022 I.A. No.229 of 2022 Order No.

02.

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 cash security of Rs.3,00,000/- as had been imposed for his release on bail vide order dated 24.01.2022 passed in BLAPL No.10776 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 in view of the long period of detention of the Petitioner in custody, he having lost the contacts with his friends and relations, it is no more possible on his part to arrange said amount so as to reap the benefit of

// 2 // the order of bail. He, therefore, urges for substitution of that condition as to deposit of cash by imposition of property security to that extent.

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 remained in custody for further period; this Court at present feels inclined to reduce the quantum of imposed cash security of Rs.3.00,000/- (rupees three lakhs) to Rs.1,50,000/- (Rupees one lakh fifty thousand). The Petitioner is also directed to furnish property security of Rs.1,50,000/- (Rupees one lakh Thousand). 6.

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 encumbrances and that the same has not been given as security in any other case(s). The I.A. is accordingly disposed of.

Issue urgent certified copy as per rules.

(D.Dash) Judge Basu