The High Court of Orissa allowed the application to modify the bail condition by reducing the cash security from one lakh to fifty thousand rupees, citing the petitioner's inability to pay due to the Covid-19 pandemic.
Cash security amount reduced to Rs. 50,000/-
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMA No.161 of 2021
Sunit Kumar Swain
…. Petitioner
Mr.S.K.Behera, Advocate
-versus-
State of Odisha …. Opp. Party
Mr.A.Pradhan, Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 06.08.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). This application has been filed by the petitionerSunit Kumar Swain under section 439(1)(b) of the Code of Criminal Procedure for modifying the condition for furnishing the cash security of rupees one lakh imposed by the learned Sessions Judge, Kendrapara while directing for release of the seized Maruti Dezire car bearing registration No. OD02BF 3715 in Crl. Misc. Case No. 05 of 2021 as per order dated 05.04.2021, which arises out of Marsaghai P.S.Case No. 175 of 2020 corresponding to T.R. Case No. 66 of 2020.
// 2 //
Learned counsel for the petitioner submitted that the petitioner is not in a position to furnish cash security of rupees one lakh in view of the situation arising out of Covid-19 pandemic and therefore, the said condition may be modified.
Learned counsel for the State opposed the prayer made in this application.
Considering the submissions made by the learned counsel for the respective parties and the averments made in the application, the cash security amount of rupees one lakh as imposed by the learned trial Court is reduced to Rs. 50,000/- ( fifty thousand) and the rest part of the order of the learned Court below shall remain unaltered.
PKSahoo
Page 2 of 2
2 issues framed by the court
Whether the cash security condition for release on bail imposed by the trial court can be modified due to the Covid-19 pandemic.
Whether the petitioner is in a position to furnish the required cash security of rupees one lakh.
1 provisions across 1 enactments
Sunit Kumar Swain
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
