Orissa High Court
Biswajit Mohapatra @ vs State Of Odisha on 18 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11805 of 2022
Biswajit Mohapatra @ .... Petitioner
Kalia
Mr. S.C. Mohapatra
Senior Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Priyabrata Tripathy
Addl. Standing Counsel
Mr. B.K. Dash, Advocate for the
informant
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
18.05.2023
I.A. No.601 of 2023
02. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for modification of the order
dated 20.12.2022.
The petitioner vide order dated 20.12.2022 was
granted bail on following terms and conditions:
<Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of
Rs.50,000.00 (rupees fifty thousand) with
// 2 //
two local solvent sureties each for the like
amount to the satisfaction of the Court in
seisin over the matter with further terms
and conditions as the learned Court may
deem just and proper with further conditions
that the petitioner shall furnish cash security
of Rs.2,00,000/- (rupees two lakhs only) at
the time of his release on bail and so far as
the balance amount of Rs.18,00,000/-
(rupees eighteen lakhs) is concerned, he
shall give an undertaking to deposit the
same in monthly installments of
Rs.1,00,000/- (rupees one lakh) and the
deposit of the first installment shall
commence a month after his release on bail.
The cash security, if deposited, shall be kept
in short term fixed deposit scheme in any
Nationalized Bank which shall be renewed
from time to time till conclusion of the trial
and its disbursement shall be subject to the
judgment of the learned trial Court. If the
petitioner fails to deposit any of the
installments in time, the learned Court in
seisin over the matter would be at liberty to
cancel the order of bail and take the
petitioner in judicial custody. The petitioner
// 3 //
shall not try to tamper with the prosecution
evidence.=
Mr. S.C. Mohapatra, learned Senior Advocate
appearing for the petitioner submitted that after
furnishing cash security of Rs.2,00,000/- (rupees two
lakhs), the petitioner was released from judicial
custody and thereafter, he has deposited
Rs.1,00,000/- (rupees one lakh) per month for four
months i.e. total Rs.4,00,000/- (rupees four lakhs)
towards the balance amount of Rs.18,00,000/-
(rupees eighteen lakhs), which was supposed to be
deposited by him as per the bail order and thus, the
petitioner has all total deposited Rs.6,00,000/-
(rupees six lakhs) before the learned Court below and
at present, he is having financial difficulty and the
monthly installments be reduced so that the petitioner
can comply with the order of this Court in depositing
the rest of the amount.
Learned counsel for the informant opposed the
submission made by the learned counsel for the
petitioner.
Considering the submissions made by the
learned counsel for the respective parties, since the
petitioner is supposed to deposit a further amount of
Rs.14,00,000/- (rupees fourteen lakhs) as per the bail
order dated 20.12.2022, let him deposit the balance
// 4 //
amount on a monthly installment of Rs.50,000/-
(rupees fifty thousand) without fail failing which the
petitioner shall be taken into judicial custody.
With this modification, the rest part of the order
dated 20.12.2022 remains unaltered.
I.A. is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
Signature Not Verified
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 19-May-2023 18:21:14
