The High Court allowed the criminal lover's petition filed by the petitioner seeking modification of bail conditions to replace cash security with property security and disposed of the matter.
Condition no.(iv) for cash security of Rs.5,00,000/- modified to accept property security of Rs.5,00,000/- instead.
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CRLMA No.98 of 2019
4. 18.04.2019
Heard learned counsel for the petitioner and learned counsel for the State.
In this CRLMA application, the petitioner Prasanna Kumar Das has prayed for waiving the condition no.(iv) regarding cash security amount to the tune of Rs.5,00,000/- (rupees five lakhs) which was imposed by the Presiding Officer, Designated Court, OPID, Cuttack its order dated 22.01.2019 passed in C.T. No.14 of 2017 while releasing the petitioner on bail.
Learned counsel for the petitioner submitted that the petitioner has no source of income since 2012 and all the Bank accounts have been seized by the prosecuting agency and in some of the cases, even though cash security was initially imposed but that was converted to property security. He further submitted that the petitioner is ready and willing to furnish the property security of Rs.5,00,000/- (rupees five lakhs) instead of cash security and therefore, the condition no.(iv) be accordingly modified. He produced the copy of the order dated 08.03.2019 passed in I.A. No.192 of 2019 which arises out of BLAPL No.22301 of 2014 which relates to the petitioner in which cash security amount was directed to be modified. The order is taken on record.
Mr. Bibekananda Bhuyan, leanred Special Counsel appearing for the State of Orissa has no serious objection to such prayer.
Considering the submission made by the
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learned counsel for the respective parties, the condition no.(iv) as per the order dated 22.01.2019 passed by the Presiding Officer, Designated Court, OPID Act, Cuttack is modified to the extent that in place of furnishing cash security of Rs.5,00,000/- (rupees five lakhs), if the petitioner furnishes the property security to the tune of Rs.5,00,000/- (rupees five lakhs) and comply with the other conditions as per the said order, the same shall be accepted. The rest part of the order remains unaltered.
The CRLMA is disposed of.
Urgent certified copy of this order be granted on proper application.
………………….. S. K. Sahoo, J.
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1 issue framed by the court
Whether the condition imposing cash security of Rs.5,00,000/- can be modified to accept property security instead.
Prasanna Kumar Das
State of Orissa
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
