Naresh Meher vs State Of Odisha .... Opp. Party
2024 Latest Caselaw 16611 Ori

Orissa High Court

Naresh Meher vs State Of Odisha .... Opp. Party on 13 November, 2024

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLMC No.3507 of 2024

             Naresh Meher                      ....    Petitioner
                                                    Mr. A.S. Paul,
                                                    Advocate



                                  -versus-
             State of Odisha                   .... Opp. Party
                                                  Mr.Udit Ranjan
                                                  Jena, AGA


         CORAM:
              JUSTICE SIBO SANKAR MISHRA

Order                             ORDER
 No.                            13.11.2024
 02.
        1.

In the present petition, the petitioner is aggrieved by the condition imposed in the order dated 18.07.2024 by the learned J.M.F.C., Telkoi in C.M.C. No.21 of 2024. While allowing the application of the petitioner under Section 457 of the Cr. P.C. for releasing of the truck seized in connection with Telkoi P.S. Case No.143 of 2024 for the alleged offences punishable under Sections 379/411/307/186/120-B of the IPC read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act (POA) 1990, the petitioner has been directed to deposit Rs.4.5 lakhs on different head besides other conditions.

2. Learned counsel for the petitioner submits that the petitioner is directed by the learned trial Court to deposit Rs.4,00,000/- (Rupees four lakhs) and to pay Rs.50,000/- (Rupees fifty thousand) to the I.O. of the case on different heads. The conditions are harsh, and he is not in a position to make good the said payment owing to his financial stress. Hence, this petition.

3. In view of the Judgment of this Court in the case of Dhyan Foundation vs. State of Odisha and others, passed in CRLMC No.5310 of 2023, I am not inclined to allow the present petition. However, liberty is granted to the petitioner to move appropriate application before the learned trial Court for variation of the condition subject to the petitioner at least depositing cash of Rs.2,00,000/- (Rupees two lakhs) before the Court below to show his bonafide.

4. If the petitioner moves such application before the Court below by depositing Rs.2,00,000/- (Rupees two lakhs) to begin with, the learned trial Court shall consider the said application of the petitioner and may modify the condition as it think deem fit and proper.

5. With the aforementioned observation, the CRLMC is disposed of.

(S.S. Mishra) Judge Subhasis

Location: High Court of Orissa, Cuttack.