Allowed

Krishna Sethi v. State of Odisha

Orissa HC5 Nov 2021CRLMA/231/2021

Case brief

AI extract

What is this about?

Bail application allowed. The High Court dispensed the petitioner from depositing cash security of Rs. 10,000/- and substituted it with a property security of the same amount, as he could not arrange the cash, under Section 439(1)(b) Cr.P.C.

What did the court decide?

The petitioner is dispensed with the deposit of cash security of Rs. 10,000/- and substituted with property security of the same amount.

Krishna Sethi Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMA No. 231 of 2021

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Krishna Sethi

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…. Petitioner

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Mr.Pradeep Kumar Das, Advocate

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-versus-

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State of Odisha

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Opposite Party Mr.K.K.Gaya , ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

Order No.

ORDER

05.11.2021

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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This is an application under Section 439 1(b) Cr.P.C. filed by the petitioner for modification of a bail condition imposed by the learned Additional Sessions Judge, Bhadrak in G.R. Case No. 1948 of 2021.

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Perused the impugned order dated 15.09.2021.

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Learned counsel for the petitioner submits that one of

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the conditions imposed by the learned court below is to deposit cash of Rs.10,000/- which the accused is not able to arrange and therefore, still in judicial custody, even after being granted bail and therefore, it should be waived in the interest of justice.

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Admittedly, the petitioner was released on bail by impugned order dated 15.09.2021 with a direction to furnish a bail bond of Rs. 25,000/- and also to deposit a cash security of Rs.10,000/-. The offence alleged against the petitioner is punishable under Section 379 IPC. Despite a bail order, the Petitioner, since not able to arrange the money to make the

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cash security deposit, the Court is of the considered view that the said condition should be waived and substituted by property security to the same amount i.e. Rs.10,000/- unless it would result in immense hardship to him.

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In the result, application under Section 439 1(b) Cr.P.C. stands allowed to the extent indicated above. Consequently, the petitioner is dispensed with from making deposit of cash of Rs.10,000/- with a substituted property security for the same amount and other conditions remain unaltered.

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The CRLMA is accordingly disposed of.
7. An urgent certified copy of this order be issued as per
rules.
(R.K.Pattanaik)
km Judge

Krishna Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Krishna Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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