Partly allowed

Madan Mohan Biswal v. State of Odisha(Vig)

Orissa HC26 Mar 2021CRLMA/252/2019

Case brief

AI extract

What is this about?

In a criminal matter, the High Court modified the bail conditions imposed by the Special Judge, Keonjhar. The Court permitted the petitioner to be represented by counsel on specific dates only if a genuine difficulty prevents personal attendance and an application under section 317 Cr.P.C. is filed.

What did the court decide?

Condition (iv) modified to allow representation by counsel only if genuine difficulty arises and an application under section 317 Cr.P.C. is filed attended by counsel.

Madan Mohan Biswal Vs State of Odisha(Vig) — Bail and Remand | Orissa HC (2021)

¶1

CRLMA No. 252 of 20219

¶2

Madan Mohan Biswal

¶3

… Petitioner

¶4

-VERSUS- State of Odisha (Vigilance) ... Opp.Party

¶5

03. 26.03.2021

¶6

Heard Mr. Arijeet Mishra, learned counsel for the petitioner and Mr.N.C.Panigrahi, learned Senior Advocate appearing for the State of Odisha (Vigilance).

¶7

This application has been filed by the petitioner under section 439(1)(b) of the Code of Criminal Procedure for modification of the conditions Nos.(iii) and (iv), which were imposed by the learned Special Judge (Vigilance), Keonjhar in V.G.R. Case No. 05 of 2013(A) in its order dated 06.07.2017 while granting bail to the petitioner.

¶8

The condition Nos.(iii) & (iv) read as follows :

¶9

“(iii) He shall not go out of Odisha without the prior permission of this Court.

¶10

(iv) He shall appear in person before this Court on each and every date of posting of this case till conclusion of trial.”

¶11

Learned counsel for the petitioner does not want to press his prayer for waiving condition No.(iii) imposed by the learned trial Court.

¶12

So far as condition No. (iv), it is submitted that the petitioner is now posted at a far away place from the place of trial and it is becoming extremely difficult on his part to attend the trial Court on each date. He further submitted that the petitioner being a Government servant, there is no chance of his absconding and therefore, the condition no. (iv) be waived.

¶13

Mr. N.C. Panigrahi, learned Senior Advocate appearing for the State of Odisha (Vigilance) submitted that if on a particular date, the petitioner faces any genuine difficulty, his counsel can file an application under section 317 of the Code of Criminal Procedure, which can be considered by the learned trial Court in accordance with law.

¶14

Considering the submissions made by the learned counsel for the respective parties, the condition No. (iv) is modified to the extent that in the event the petitioner faces any genuine difficulty on any particular day in attending the trial Court and an application under section 317 Cr.P.C. is filed by the representing counsel with supporting documents, the learned trial Court shall consider such application in accordance with law and allow the petitioner to be represented through his counsel for that day only, otherwise the petitioner has to comply the condition no. (iv) on other dates. The petitioner shall not claim prejudice if the evidence is recorded in his absence on those dates when the representation application is allowed.

¶15

With the aforesaid observation and direction, the CRLMA stands disposed of.

¶16

Issue urgent certified copy as per Rules.

¶17

………………………. S.K. Sahoo, J.

¶18

PKSahoo

Madan Mohan Biswal v. State of Odisha(Vig)

Case brief

What is this about?

What did the court decide?

Madan Mohan Biswal v. State of Odisha(Vig)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Soumyajit Swain Vs State of Odisha

Manoj Sing Vs State of Odisha

Manoj Sahani Vs State of Odisha

Sakir Vs State of Odisha

State of Orissa Vs Neha Jain

Sarbeswar Sahoo @ Babu Vs State of Odisha