The court modified bail conditions due to discovery of undisclosed criminal antecedents, mandating cash security and a deposit in the Advocates Welfare Fund, while extending the surrender date by four weeks.
Order dated 20.12.2022 modified; surrender extended by four weeks subject to deposit of Rs.10,000 and Rs.500 in the Advocates Welfare Fund.
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
ABLAPL No. 15578 of 2022
Habibur @ Sk. Habibur and others …. Petitioners Mr. B.K. Pardhi, Advocate
-versus-
…. State of Odisha Opposite Party Mr. P.C. Das, ASC
CORAM: JUSTICE A.K.MOHAPATRA
ORDER
10.03.2023
I.A. No.393 of 2023
Order No.
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
Page 1 of 2
dated 20.12.2022 shall not be given effect to. Further, the release of the Petitioners shall also be subject to furnishing a cash security of Rs.10,000/(Rupees ten thousand) before the court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the outcome of the trial.
Debasis
Page 2 of 2
3 issues framed by the court
Whether the bail order dated 20.12.2022 should be modified to account for undisclosed criminal antecedents and impose fresh security conditions.
Whether the time for surrender of the petitioners should be extended upon compliance of the modified conditions.
The conditions precedent for the extension of surrender date including cash security deposit, Anticipatory Bail declaration, and Advocates Welfare Fund deposit.
Habibur @ Sk. Habibur and others
State of Odisha
A.K. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
