Disposed

Dr.Gunanidhi Behera v. State of Odisha

Orissa HC2 Jul 2024CRLMA/17/2022

Case brief

AI extract

What is this about?

In this correctional bail petition, the court declined to cancel the bail granted to the opposite party by the lower trial court. However, the court varied the bail conditions, granting liberty to the petitioner to approach the trial court for imposing additional conditions within fifteen days. The court also directed the trial court to explore mediation for settling the dispute.

What did the court decide?

The court declined to cancel bail but varied conditions, granting liberty to the petitioner to seek additional conditions from the trial court.

Dr.Gunanidhi Behera Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMA No.17 OF 2022

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Dr. Gunanidhi Behera

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…. Petitioner(s)

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Mr. Y. Dash, Senior Advocate along with Mr. R Roy, Advocate

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-versus-

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State of Odisha and another

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…. Opp. Party(s)

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Mr. B. K. Ragada, AGA Mr. P. P. Parida, Advocate for O.P.2

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

02.07.2024

Order No.

12.

Heard.

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The present petition has been filed by the informant seeking cancellation of the bail granted to the opposite party No.2 vide order dated 30.11.2021 by the learned A.S.J.-cum-Special Judge, CBI-II, Bhubaneswar in B.A. No.2503 of 2021.

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Mr. Dash, learned Senior Counsel for the petitioner submits that there is a specific direction by the RERA Authority to refund the money. However, the opposite party No.2 has not made good the said amount.

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Mr. Parida, learned counsel for the opposite party No.2 submits that in lieu of the said amount, brother who claims to be a partner, has registered a sale deed in favour of the petitioner. There are claims and counter claims raised by both the parties before this Court.

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Page 1 of 2

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Mr. Dash, learned Senior Counsel tried to persuade this Court for cancelling the bail granted by the Court below in favour of the opposite party No.2 on numerous grounds.

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I am not inclined to cancel the concession of bail granted by the Court below, however, I am of the view that the conditions imposed by the Court below needs to be varied in view of the claims and counter claims raised by both the parties. In view thereof, liberty is granted to the petitioner to move appropriate application before the Court below for imposition additional conditions, if any, while maintaining the bail order. If such application is moved by the petitioner, the trial Court shall look into the matter and impose adequate conditions on the opposite party No.2. The same shall be done as expeditiously as possible preferably within fifteen days. The learned trial Court shall also endeavor to see that the matter is settled between the parties, if the parties agree for mediation.

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With this observation, the CRLMA is disposed of.

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 04-Jul-2024 17:09:58

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Dr.Gunanidhi Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr.Gunanidhi Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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