Irassish Acharya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMA No.267 of 2021 Irassish Acharya ....

Petitioner Mr. P.S.Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

06.5.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

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

3. The present application has been filed seeking modification of one of the conditions imposed by the court below while granting bail to the Petitioner. By order dated 21st February, 2019 passed in C.T. Case No.91/51 of 2018, learned Addl. Addl. Sessions Judge, Bargarh while granting bail to the Petitioner, inter alia, imposed the condition that he shall appear before the Court on each date of adjournment till disposal of the case.

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4. It is submitted that the Petitioner is the President of BJP State Yuva Morcha and also a Member of the National Executive. In such capacity he is frequently required to move to different places of the Country and, therefore, it may not be practically possible on his part to personally appear before the trial court on each date of adjournment till disposal of the case.

5. Considering the submissions as above, the prayer for modification is allowed. The condition imposed by Trial Court in order dated 21st February, 2019 passed in C.T. Case No.91/51 of 2018 that the Petitioner shall appear before the Court on each date of adjournment till disposal of the case is hereby modified to the extent that the Petitioner shall be permitted to be represented through his counsel under the provisions of Section 317 of Cr.P.C. but he shall have to appear personally if his personal attendance is considered necessary by the Court.

6. The CRLMA is, accordingly, disposed of.

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

(Sashikanta Mishra) AKB Judge

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