Kabita Mohanty v. State of Orissa
Case brief
What is this about?
This Court modified a bail condition in the petitioner's alternative bail application. While the petitioner had initial bail directing attendance on every date, the current order relaxes this requirement to attendance on only two consecutive dates before default.
What did the court decide?
Condition of attendance on every date modified to require attendance on at least two consecutive dates during trial.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRLMA NO.58 OF 2016
07.04.2016 Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439(1)(b) of Cr.P.C.
The petitioner is an accused in C.T. Case No.9(C) of 2015 on the file of learned Addi
tional District Judge, Special Court, (O.P.I.D. Act) Balasore registered under Sections 420/12
0-B/34 of the I.P.C. read with Sections 4, 5 and 6 of Prize, Chits and Money Circulation Schem
e (Banning) Act and Section 6 of the O.P.I.D. Act.
It is submitted on behalf of the petitioner that she was granted with anticipatory bai
l by this Court in ABLAPL No.3018 of 2015 with the condition that on surrender before the lear
ned court, she shall be released on bail on such terms and conditions as deemed just and prope
r by the learned Additional Sessions Judge. It was submitted that while granting bail by the s
aid court, one of the conditions has been imposed directing the petitioner to attend the court
on each and every date till disposal of the case.
It is submitted that the petitioner is a female and till date the charge sheet has not
been filed and hence compliance of the said condition has caused serious hardship to the peti
tioner.
Considering the submissions and the circumstances, the condition no.2 imposed by the l
earned Designated Court, Balasore relating to attendance of the petitioner on each and every
date, is modified to the extent that she shall not default in personal attendance in court du
ring trial at least on two consecutive dates.
The CRLMA is disposed of accordingly.
3
Issues for consideration
3 issues framed by the court
Whether the bail condition requiring attendance on every date can be modified to prevent hardship to the petitioner.
Whether bail conditions in anticipation of bail cases allow for relaxation of attendance requirements.
What specific modification the court makes to the attendance condition in bail proceedings.
Parties & counsel
- petitioner
The Petitioner
- respondent
The State
Case details
As recorded by the court registry
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