Application to waive security in bail order was partially allowed; cash security reduced from Rs.50,000 to Rs.10,000 considering petitioner's poverty and tribal status.
Cash security amount reduced from Rs.50,000 to Rs.10,000; property security terms remain unaltered.
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BLAPL No. 8170 of 2018
I.A. No. 755 of 2019
Learned counsel for the petitioner submitted that in spite of the bail order dated 13.03.2019, the petitioner is unable to furnish the cash security amount of Rs.50,000/(rupees fifty thousand) and therefore, the such condition be waived.
Learned counsel for the State opposed the prayer made in the application.
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The cash security amount was imposed particularly taking into account the fact that the occurrence in question took place in the year 2002 but the petitioner could be apprehended after sixteen years of the occurrence. However, since the petitioner is unable to furnish the cash security amount, even though the bail order was passed more than four and half months back and taking note of submission made by the learned counsel for the petitioner that the petitioner belongs to tribal area and he is very poor, while not inclining to modify the order relating to furnish the property security and other terms and conditions, so far as the cash security amount is concerned, the same is reduced from Rs.50,000/- (rupees fifty thousand) to Rs.10,000/- (rupees ten thousand). The rest part of the order remains unaltered.
I.A. is accordingly disposed of.
Issue urgent certified copy as per Rules.
…………………..……
S.K.Sahoo, J.
1 issue framed by the court
Whether cash security amount imposed in bail order can be reduced given petitioner's poverty and inability to furnish it.
Petitioner
State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
