In an application regarding COVID-19 restrictions, the single-judge High Court waived a bail condition requiring weekly police station appearances while retaining other terms of the original bail order.
The condition of needing to appear before the police station once a week was waived; other bail conditions remain unaltered.
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.
BLAPL No.4233 of 2019
Umesh Majhi �� Petitioner -VersusState of Odisha �� Opp. Party
I.A. No.134 of 2020
This is an application for modification of the order dated 26.09.2019.
While granting bail to the petitioner, a condition was imposed that he shall appear before the I.I.C., Balasore Sadar police station once in a week on very Sunday in between 4.00 to 6.00 p.m. till conclusion of the trial.
Learned counsel for the petitioner submitted that the petitioner has complied with the order and even on 21.06.2020 also, he appeared before the concerned police station and in the present situation which is prevailing at Balasore district on account of COVID-19 pandemic, it is not possible on the part of the petitioner to appear before the said police station on every Sunday and therefore, the condition may be modified.
On instruction, the learned counsel for the State submitted that the petitioner was regularly appearing before the I.I.C., Balasore Sadar police station as per the order dated 26.09.2019.
2
Considering the submission made by the learned counsel for the respective parties, the condition of appearance of the petitioner before the I.I.C., Balasore Sadar police station once in a week on very Sunday in between the 4.00 to 6.00 p.m. till conclusion of the trial as per the order dated 26.09.2019 stands waived. The other terms and conditions as per the said order shall remain unaltered.
The I.A. is disposed of.
Urgent certified copy of this order be granted on proper application.
S.K. Sahoo, J.
P
Umesh Majhi
State of Odisha
S.K. Sahoo
As recorded by the court registry
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