Bhagaban Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bhagaban Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of order dated 20.01.2025 allowed: (i) Court in seisin to verify criminal antecedents of Petitioner Nos. 1, 3, 4, 5 & 7, with the order ineffective if more than one antecedent each is found; (ii) cash security of Rs.3,000/- each to be deposited in a Nationalized Bank interest-bearing account (initially one year, renewable till conclusion of trial); (iii) surrender time extended by four weeks, conditioned on payment of Rs.500/- each to the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days.

Issue for consideration

Whether the order dated 20.01.2025 should be modified in view of the disclosure that Petitioner Nos. 1, 3, 4, 5 & 7 each have one criminal antecedent, and on what conditions the relief therein should stand.

Court's answer

The order dated 20.01.2025 is modified to the extent that the Court in seisin over the matter is directed to verify the criminal antecedents of the Petitioners; if Petitioner Nos. 1, 3, 4, 5 & 7 are found to have more than one criminal antecedent, the order shall not be given effect to.

Ratio / Principle

Petitioner Nos. 1, 3, 4, 5 & 7 are further directed to furnish cash security of Rs.3,000/- (Rupees Three Thousand) each before the learned Court in seisin, to be kept in any 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.

Key takeaways

The time of surrender is extended by a further period of four weeks, subject to Petitioner Nos. 1, 3, 4, 5 & 7 depositing cost of Rs.500/- (Rupees Five Hundred) each in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing the money receipt thereof in proof of deposit.ratio¶20
With the above modifications and directions, the I.A. stands disposed of.ratio¶21

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.573 of 2025 (order dated 11.03.2025, Justice Aditya Kumar Mohapatra): On I.A. No.448 of 2025 seeking modification of the order dated 20.01.2025 after disclosure that Petitioner Nos. 1, 3, 4, 5 & 7 each have one criminal antecedent, the Court modified the earlier order so that the Court in seisin shall verify the Petitioners' criminal antecedents, failing which (if more than one antecedent each is found) the order shall not be given effect to. Each of Petitioner Nos. 1, 3, 4, 5 & 7 is further directed to furnish cash security of Rs.3,000/- kept in a Nationalized Bank in an interest-bearing account (initially one year, renewable till conclusion of trial), and the time of surrender is extended by four weeks subject to payment of Rs.500/- each to the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days. The I.A. stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.573 of 2025

Bhagaban Pradhan and others ..... Petitioners

Represented By Adv. - Akashaya Kumar Subudhi

-versus-

State Of Odisha ..... Opposite Parties Mr. M.R. Patra, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

11.03.2025

Order No.

02.

I.A. No.448 of 2025

This matter is taken up through Hybrid mode.

This interlocutory application has been filed seeking modification of order dated 20.01.2025.

Learned counsel for the Petitioners submitted that at the time of surrender, it came to notice that the Petitioner Nos.1, 3, 4, 5 & 7 have one criminal antecedent each.

In such view of the matter, order dated 20.01.2025 is modified to the extent that 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, 4, 5 & 7 are having more than one criminal antecedent, then this order shall not be given effect to.

In view of the aforesaid modification, the Petitioner Nos.1, 3, 4, 5 & 7 are further directed to furnish a cash security of Rs.3,000/(Rupees Three Thousand) each 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 of surrender is extended by a further period of four weeks from today, but subject to the Petitioner Nos.1, 3, 4, 5 & 7 to depositing cost of Rs.500/(Rupees Five Hundred) 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 Page 2 of 2. Location: High Court of Orissa, C utta ck Date: 11-Mar-2025 19:07:08