Antaryami Senapati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16306 of 2021 Antaryami Senapati ....

Petitioners Mr.S.K. Sarangi, Sr. Advocate -versusState of Odisha ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

28.06.2023 I.A. No.507 of 2023 Order No.

04.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

The Petitioner by filing this application has approached this Court for the second time for modification of the condition imposed on him while granting anticipatory bail on 24.09.2022 subsequently modified on 02.11.2022 in ABLAPL No.16306 of 2021 and I.A. No.1839 of 2022 respectively.

3.

Learned Senior Counsel for the petitioner submits that due to paucity of funds, it has not been possible for the Petitioner to arrange Rs.1,00,000/- in order to comply with the condition and its scope in near future is also bleak. He, therefore, prays for modification of the quantum of deposit so as to enable the Petitioner to reap the benefit of the order. 4.

Learned counsel for the State submits that taking into consideration all the surrounding circumstances, this Court

// 2 // having rightly imposed the condition as to deposit which was once modified; further prayer for modification of the same at this stage does not merit acceptance.

5.

Considering the submissions made and on going through the averments taken in the petition; this Court at present feels inclined to reduce the quantum of deposit of Rs.1,00,000/- to Rs.50,000/- (Rupees fifty thousand) with further direction for furnishing property security to the extent of Rs.2,00,000/- (Rupees two lakhs).

6.

It is needless to say that the court below while accepting the property security shall do well to arrive at a satisfaction that the properties so offered as security are free from encumbrances and have not been furnished as security in any other case.

In view of the order passed as above, the time period for surrender of the Petitioners is extended by three weeks from today.

All other conditions shall remain unaltered.

7.

The I.A. is accordingly disposed of.

8.

Issue urgent certified copy of this order be granted on proper application.

(D. Dash) Judge Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 30-Jun-2023 18:53:24