The Orissa HC modifies the condition that required the petitioner, who is an MLA accused in a road rage case to appear before the court on each date of posting of the case
Brief Facts:
The petitioner was granted bail by the Apex Court and the J.M.F.C. while allowing this imposed an additional condition that required the petitioner to appear before the court in every hearing. The petitioner prayed for modification under Section 439(1)(b) of CrPC. seeking waiver of this condition which was declined by the Court of 3rd Additional Sessions Judge, Bhubaneswar.
Contentions of the Applicant:
The petitioner contended that it would be difficult for him to appear before the court in each hearing as he was a public representative and was required to visit different places in connection with his public service.
Contentions of the Respondent:
The counsel appearing for the state submitted that the petitioner should appear before the court as he was bailed out on the order of the Apex Court.
Observations of the Court:
The court observed that there was no reason to impose an additional condition directing the petitioner to appear before the court in each hearing as the Apex Court had granted three specific conditions while granting bail to the petitioner.
The decision of the Court:
The court allowed the CRMLA and modified the impugned order directing the petitioner to appear before the court as and when required by the court.
Case Title: Prasanta Kumar Jagadev vs. State of Odhisa
Coram: Hon’ble Mr. Justice Sashikanta Mishra
Case No.: CRLMA No. 159 of 2023
Advocate for the Applicant: Mr. Manas Chand
Advocate for the Respondent: State Counsel
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