Aloka Swain@Alok@Jayanta Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMA No. 377 of 2022 Aloka Swain @ Alok @ Jayanta Kumar Swain ....

Petitioner Mr. S. Dwibedi , Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.12.2022 Order No.

01.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

This CRLMA has been filed for modification of conditions imposed by the learned Sessions Judge, Nayagarh in connection with Bail Application No.508 of 2022.

3.

It is stated that the petitioner was directed to be released by the learned Court in seisin by order dated 23.11.2022. While doing so, one of the stipulations was that one surety must be a family member of the petitioner.

4.

It is submitted by the learned counsel for the petitioner that none of the family members have any property in their name. So that they are not in a position to act as sureties and because of the same petitioner who is a young boy of 20 years, is still in custody for almost a month after passing of the order. 5.

Considering the hardship as expressed by the learned counsel for the petitioner and stated in the petition, this Court is

persuaded to modify the impugned order dated 23.11.2022 passed by the learned Sessions Judge, Nayagarh.

6.

This Court directs that there would be two solvent sureties out of which one surety would be a member of the family and shall execute a P.R. bond and learned Court in seisin is called upon to act in accordance with order passed in this CRLMA along with the order passed by the learned Session Judge.

7.

Other conditions sans the stipulation relating to sureties passed by the learned Sessions Judge in order dated 23.11.2022 remain unaltered.

8.

Accordingly, the CRLMA stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi