Disposed¶25

Jadunath Sahu v. State of Odisha

Orissa HC3 Apr 2025CRLMC/1213/2025

Case brief

AI extract

What is this about?

Interim custody/release of vehicle; Section 503 BNSS, 2023; Section 457 Cr.P.C.; cash security versus property security; indemnity bond; owner not accused; Sections 281/106(1) BNS, 2023; rash and negligent driving; Polasara P.S. Case No.826 of 2024; M.C. Case No.02 of 2025, J.M.F.C. Polasara; CRLMC No.1213 of 2025; Odisha High Court; vehicle value Rs.3,90,000/-; security Rs.3,50,000/-.

What did the court decide?

Condition of depositing cash security of Rs.3,50,000/- modified: petitioner to furnish property security of Rs.3,50,000/- and indemnity bond of equal amount; rest of the conditions imposed by the learned trial Court to remain unaltered. ¶25

Jadunath Sahu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the condition of furnishing cash security of Rs.3,50,000/- imposed by the learned J.M.F.C., Polasara while releasing the petitioner's vehicle ought to be modified.

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Ratio / Principle

The condition imposed by the learned J.M.F.C., Polasara vide order dated 15.02.2025 for depositing cash security of Rs.3,50,000/- is modified: the petitioner shall furnish property security of Rs.3,50,000/- and also furnish indemnity bond of equal amount; rest of the conditions shall remain unaltered.

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Key takeaways

The Court made the modification having regard to the statement made by learned counsel for the petitioner at the Bar (undertaking to comply with the trial Court's other conditions and to furnish indemnity bond and property security of Rs.3,50,000/-).ratio¶22

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Sibo Sankar Mishra, J.), CRLMC No.1213 of 2025, decided 03.04.2025 — disposed. Petitioner, owner (not an accused) of an Ashok Lelyand Vehicle bearing Registration No.OD-05-AN-1602 entangled in Polasara P.S. Case No.826 of 2024 (Sections 281/106(1) of BNS, 2023) through his engaged driver's rash and negligent driving, challenged the condition in the order dated 15.02.2025 of the learned J.M.F.C., Polasara in M.C. Case No.02 of 2025, which had allowed release under Section 503 BNSS, 2023 (457 Cr.P.C.) but imposed cash security of Rs.3,50,000/- despite the vehicle's insured value of Rs.3,90,000/-. Acting on counsel's statement at the Bar that the client would comply with all other conditions and furnish indemnity bond and property security, the Court modified the cash-security condition to property security of Rs.3,50,000/- with indemnity bond of equal amount; rest of the conditions remained unaltered.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1213 of 2025

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Jadunath Sahu

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…. Petitioner(s)

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Mr. S. K. Mahanty, Advocate

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-versus-

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State of Odisha

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Mr. S. N. Biswal, ASC

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

01.

1. Heard.

03.04.2025

2. The petitioner is aggrieved by the order dated 15.02.2025

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passed by the learned J.M.F.C., Polasara in M.C. Case No.02 of 2025, whereby the learned Court below while allowing the application of the petitioner under Section 503 BNSS, 2023 (457 Cr.P.C.) for releasing the vehicle namely Ashok Lelyand Vehicle bearing Registration No.OD-05-AN-1602, has imposed a condition of furnishing cash security of Rs.3,50,000/-.

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3. Learned counsel for the petitioner submits that the value of the vehicle as per the insurance paper is Rs.3,90,000/- which has been recorded by the learned Court below. However, while releasing the vehicle, the petitioner has been directed to furnish

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cash security of Rs.3,50,000/-. He is aggrieved by the same and has approached this Court by filing the present petition.

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4. Learned counsel for the petitioner further submits that the vehicle is got entangled in Polasara P.S. Case No.826 of 2024 for alleged commission of offences punishable under Sections 281/106(1) of BNS, 2023. The petitioner is not accused in the said case. The petitioner had engaged a driver, who got entangled in the case due to rash and negligent drive. The petitioner moved the application before the learned trial Court for releasing of the vehicle. Although the learned trial Court vide impugned order dated 15.02.2025 has released the vehicle, however imposed the onerous condition of cash security of Rs.3,50,000/-

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5. Learned counsel for the petitioner on instruction from his client submits that his client would complied with all other conditions as has been imposed by the learned trial Court and also furnished indemnity bond and property security to the tune of Rs.3,50,000/-.

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6. Regard being had to the statement made by the learned counsel for the petitioner at the Bar, the condition imposed by the learned J.M.F.C., Polasara vide order dated 15.02.2025 for depositing the cash security of Rs.3,50,000/- is modified to the

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extent that the petitioner shall furnish property security of Rs.3,50,000/- and also furnish indemnity bond of equal amount. Rest of the condition shall remain unaltered.

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7. With this modification, the CRLMC is disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Apr-2025 11:50:32

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Jadunath Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jadunath Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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