The High Court of Odisha disposed of the criminal misc. petition by granting liberty to the petitioners (legal heirs of a deceased accused) to approach the trial court for release of the fixed deposit lodged for bail.
Liberty granted to petitioners to move the court below for release of the fixed deposit in their favour.
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
CRLMC No. 321 of 2021
Manas Purna Acharya & … Petitioners Ors.
Mr. R. Acharya, Advocate
State of Odisha
… Opposite Party Mr. P. Tripathy, Addl. Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
14.12.2021
Order No.
2.
“Considering the submissions made and on going through the materials available on record, further keeping in view the surrounding circumstances and in the absence of any other impediment, it is directed that in the event, the petitioner surrenders before the court in seisin of the case in connection with Aska P.S. Case No. 40 of 2019 corresponding to G.R. Case No. 76 of 2019 on the file of learned J.M.F.C., Aska within four weeks hence and moves for his release on bail on such terms and conditions as deemed just and proper by the court in seisin of the case with the further condition that the petitioner without prejudice to his defence would deposit a sum of Rs.6,00,000/- (Rupees six lakhs) before the said court which shall kept under long term
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fixed deposit in any Nationalized Bank and would renewed from time to time as the court deems proper, whose disbursement / release shall be subject to the final order as would be passed at the conclusion of the trial.”
A.K. Rana
( Sashikanta Mishra) Judge
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1 issue framed by the court
Whether legal heirs of an accused who died before final disposal are entitled to relocate the fixed deposit maintained for bail to the court below.
Manas Purna Acharya
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
