The High Court modified a Sessions Judge's order requiring cash security by allowing property security instead due to the petitioner's poor financial condition, while increasing the total security amount.
Modification of order: petitioner to furnish property security of Rs.2,00,000/- instead of cash security of Rs.80,000/-.
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CRLREV No.366 of 2017
03.07.2017
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner in this revision petition seeks for modification of the order dated 06.
05.2017 passed by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur in 2(a) C.C.
No.4 of 2017 with regard to furnishing of cash security of Rs.80,000/-.
It appears that the learned Sessions Judge-cum-Special Judge, Ganjam while directing r
elease of the Indigo Car bearing registration No.OR-11D-3661 of the petitioner has insisted fo
r cash security of Rs.80,000/- along with other conditions.
Learned counsel for the petitioner submits that since the financial condition of the p
etitioner is very poor, he is unable to furnish the aforesaid cash security and, as such, the
petitioner may be directed to furnish the property security of the aforesaid amount instead of
cash security.
Considering the aforesaid facts and submissions made, especially the fact that the pet
itioner is not in a position to furnish the aforesaid cash security, the impugned order of the
learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur is modified to the extent that th
e petitioner shall furnish a property security of Rs.2,00,000/- (rupees two lacs) free from al
l encumbrances instead of cash security of Rs.80,000/- and property security of Rs.1,50,000/-.
The other conditions, i.e., condition nos.(2), (3) and (4) imposed in the impugned order shal
l remain unaltered. On fulfillment of the aforesaid conditions, the vehicle in question be rel
eased in favour of the petitioner.
With the aforesaid order, this revision petition stands disposed of at the stage of ad
mission.
Issue urgent certified copy as per rules.
S.Pujahari, J.
2
Petitioner
State
S.Pujahari
As recorded by the court registry
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