In an I.A. for modification of bail security conditions, the High Court reduced the cash security from Rs.2,00,000 to Rs.1,00,000 and adjusted the balance amount, instructing on installment timelines after release. XXI
Cash security reduced to Rs.1 lakh; balance amount adjusted to Rs.8,62,000 with installment directions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.437 of 2021
Raghunath Behera …. Petitioner
Mr. S.K. Nath, Advocate
-versus-
State of Odisha …. Opp. Party
Order No.
Mr. Arupananda Das, Addl. Government Advocate Mr. K.M.H. Niamati, Advocate for the informant CORAM: JUSTICE S.K. SAHOO ORDER 07.12.2022 I.A. No.1477 of 2022
This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
This is an application for modification of the condition imposed in the order dated 10.08.2021 relating to deposit of the cash security amount.
Learned counsel for the petitioner submitted that in view of the financial difficulty of the petitioner, he is unable to arrange Rs.2,00,000/- (rupees two lakhs) to deposit as cash security and that is the reason why in spite of the bail order dated 10.08.2021, he is still languishing in judicial custody and the cash security
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amount may be reduced to at least Rs.1,00,000/- (rupees one lakh).
Learned counsel for the informant has no serious objection but submitted that the balance amount be made Rs.8,62,000/- (rupees eight lakhs sixty two thousand) in place of Rs.7,62,000/- (rupees seven lakhs sixty two thousand).
Considering the submissions made by the learned counsel for the respective parties, the cash security amount which was directed to be deposited as Rs.2,00,000/(rupees two lakhs) is reduced to Rs.1,00,000/- (rupees one lakh) and the balance amount which was observed as Rs.7,62,000/- (rupees seven lakhs sixty two thousand) be now treated as Rs.8,62,000/(rupees eight lakhs sixty two thousand) and the first installment after release shall be deposited within two months of the release and the rest installments should be made each month thereafter.
With this modification, the rest part of the order dated 10.08.2021 remains unaltered.
I.A. is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
RKM
Page 2 of 2
2 issues framed by the court
Whether the security amount under a bail order may be reduced by the High Court upon application.
Whether the conditional deposit schedule for future bail installments may be altered.
1 provisions across 1 enactments
Raghunath Behera
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
