Application to modify bail security conditions. Court reduced cash security requirement from 50% of cheating amount to Rs.50,000 on petitioner's submission, maintaining installment plan for balance.
Cash security reduced to Rs.50,000 instead of 50% of cheating amount; balance deposit via installment undertaking maintained.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.409 of 2023
Jitu Mohanty
…. Appellant/ Petitioner
Mr. A. Mishra, Advocate
-versus-
Order No.
State of Odisha and another
…. Respondents/ Opp. Parties
Mr. P.B. Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
17.07.2023
I.A. No.1521 of 2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for modification of the
order dated 09.05.2023.
Learned counsel for the petitioner submitted that while directing the petitioner to release on bail as per order dated 09.05.2023 taking into account that cheating amount is Rs.3,14,000/- (rupees three lakhs fourteen thousand), this Court directed the appellant to furnish cash security of 50% of the cheating amount before the learned Court below at the time of
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his release on bail and for the balance amount, he has to give an undertaking before the Court to deposit the same in five equal monthly installments and the deposit of the first installment shall commence a month after his release on bail. Learned counsel further submitted that the petitioner is unable to furnish cash security of 50% of the cheating amount and therefore, in spite of the passage of two months time in the meantime, he is not able to come out from the jail custody. Therefore, the amount of deposit of cash security may be reduced.
When a query is made to the learned counsel for the petitioner as to what amount the petitioner is ready and willing to deposit at this moment, Mr. Mishra, learned counsel fairly submitted that the appellant is ready and willing to deposit a sum of Rs.50,000/- (rupees fifty thousand).
Learned counsel for the State has no serious objection for the modification of the condition.
Considering the submissions made by the learned counsel for the respective parties, the order dated 09.05.2023 is modified to the extent that the petitioner shall furnish cash security of Rs.50,000/(rupees fifty thousand) before the learned trial Court at the time of his release on bail and so far as the balance amount is concerned, he shall give an
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undertaking to deposit the same in five equal monthly installments and the deposit of the first instalment shall commence a month after his release on bail.
The rest part of the order dated 09.05.2023 remains unaltered.
I.A. is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
RKM
Judge
Signature Not Verified
Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 18-Jul-2023 13:49:06
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1 issue framed by the court
Whether the cash security condition of bail bond can be modified on grounds of inability to deposit full amount.
Jitu Mohanty
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
