Satyabrata Mahakud Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Satyabrata Mahakud Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of order dated 12.08.2024 granted: trial court directed to verify criminal antecedents (modified order ineffective if Petitioner Nos.1 & 3 have more than three antecedents each and Petitioner No.6 more than two); cash security enhanced to Rs.5,000/- each for Petitioner Nos.1 & 3 (previously Rs.3,000/-) and fixed at Rs.3,000/- for Petitioner No.6, to be kept in a Nationalized Bank interest-bearing account initially for one year, renewable till conclusion of trial; time extended by four weeks subject to deposit of Rs.1,000/- cost each in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days; I.A. disposed of.

Issue for consideration

Whether the order dated 12.08.2024 should be modified in view of the criminal antecedents of Petitioner Nos.1, 3 and 6 noticed at the time of surrender.

Court's answer

Order dated 12.08.2024 is modified; the Court in seisin over the matter is directed to verify the criminal antecedents of the Petitioners.

Ratio / Principle

If it is found that Petitioner Nos.1 & 3 have more than three criminal antecedents each and Petitioner No.6 has more than two criminal antecedents, the modified order shall not be given effect to.

Key takeaways

Petitioner Nos.1 & 3 are directed to furnish cash security of Rs.5,000/- each instead of Rs.3,000/-, and Petitioner No.6 a cash security of Rs.3,000/-, to be kept in a Nationalized Bank in an interest-bearing account initially for one year, renewable from time to time till conclusion of trial, and abide by the final outcome of the trial.ratio¶22
Time is extended by a further period of four weeks in respect of Petitioner Nos.1, 3 & 6, subject to depositing cost of Rs.1,000/- each in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.8122 of 2024 (I.A. No.120 of 2025), Satyabrata Mahakud and others v. State Of Odisha — order dated 28.01.2025 by Aditya Kumar Mohapatra, J. Interlocutory application seeking modification of order dated 12.08.2024: on surrender it transpired that Petitioner Nos.1 & 3 have three criminal antecedents each and Petitioner No.6 two. Order modified — Court in seisin directed to verify the criminal antecedents; if Petitioner Nos.1 & 3 are found to have more than three each and Petitioner No.6 more than two, the order shall not be given effect. Cash security of Petitioner Nos.1 & 3 enhanced from Rs.3,000/- to Rs.5,000/- each and Petitioner No.6 to furnish Rs.3,000/-, to be kept in a Nationalized Bank in interest-bearing account initially for one year, renewable till conclusion of trial and abide final outcome thereof. Time extended by four weeks for Petitioner Nos.1, 3 & 6, subject to deposit of Rs.1,000/- cost each in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days with money receipt. I.A. disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8122 of 2024

Satyabrata Mahakud and

..... Petitioners

others

Represented By Adv. - Rajiv Kumar Mahanta

-versus-

State Of Odisha

..... Opposite Parties Mr. S.K. Parhi, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

28.01.2025

Order No.

I.A. No.120 of 2025

This matter is taken up through Hybrid mode.

This interlocutory application has been filed seeking modification of order dated 12.08.2024.

Learned counsel for the Petitioners submitted that at the time of surrender, it came to notice that the Petitioner Nos.1 & 3 have three criminal antecedents each and the Petitioner No.6 is having two criminal antecedents.

In such view of the matter, order dated 12.08.2024 is modified. Accordingly, the Court in seisin over the matter is directed to verify the criminal antecedent of the Petitioners. In the event it is found that the Petitioner Nos.1 & 3 are having more than three criminal antecedents each and the Petitioner No.6 is having more

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than two criminal antecedents, then this order shall not be given effect to.

In view of the aforesaid modification, the Petitioner Nos.1 & 3 are further directed to furnish cash security of Rs.5,000/- (Rupees Five Thousand) each instead of Rs.3,000/- and the Petitioner No.6 is directed to furnish a cash security of Rs.3,000/- (Rupees Three Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

In view of the aforesaid modification, the time is extended by a further period of four weeks from today in respect of Petitioner Nos.1, 3 & 6, but subject to depositing cost of Rs.1,000/- (Rupees One Thousand) each in the Advocates’ Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit.

Accordingly, the I.A. stands disposed of.

( Aditya Kumar Mohapatra ) Judge

S.K. Rout

Signature Not Verified

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 29-Jan-2025 18:43:13 Page 2 of 2.