Narendra Sambada @ vs State Of Orissa .... Opp. Party
2024 Latest Caselaw 16887 Ori

Orissa High Court

Narendra Sambada @ vs State Of Orissa .... Opp. Party on 20 November, 2024

         IN THE HIGH COURT OF ORISSA AT CUTTACK

                      CRLMC No.3492 of 2024

         Narendra Sambada @                   .... Petitioner
         Narendra Samada
                                                 Mr.Soubhagya
                                                 Kumar Dash,
                                                 Advocate



                                  -versus-


         State of Orissa                      .... Opp. Party
                                                 Mr.S.J.Mohanty,
                                                 ASC


        CORAM:

                 JUSTICE SIBO SANKAR MISHRA

Order                             ORDER
 No.                            20.11.2024

01. 1. In the present petition, the petitioner is aggrieved by the judgment dated 24.07.2024 passed by the learned Additional Sessions Judge, Anandapur in Criminal Revision No.11/2024, whereby the Revisional Court has confirmed the order dated 23.04.2024 passed by the learned S.D.J.M., Anandapur in C.M.C. Case No.49 of 2024 allowing the application of the petitioner under Section 457 of the Cr. P.C. subject to the condition that the petitioner shall deposit Rs.3,25,000/- (Rupees three

lakhs twenty five thousand).

2. The petitioner is the owner of the vehicle, i.e., DI 740 CM series Tractor bearing Registration No.OD- 09T-4143 and not arrayed as an accused in Anandapur P.S. Case No.113 of 2024 for the alleged offence punishable under Section 279/304-A of the IPC and Section 181 of the M.V. Act.

3. Learned Counsel for the petitioner submitted that the petitioner is aggrieved by the onerous condition of depositing Rs.3,25,000/- cash security towards release of the vehicle, i.e., DI 740 CM series Tractor bearing Registration No.OD-09T-4143.

4. At the outset, Mr. Dash, learned counsel for the petitioner submitted that the financial condition of the petitioner is not suffice to comply with the condition. Hence, he seeks leniency.

5. Taking into consideration the submissions made at the Bar, I am of the considered view that, the petitioner shall furnish cash security of Rs.1,00,000/- (Rupees one lakh) and for the remaining Rs.2,25,000/-, the petitioner shall furnish property security. Subject to the petitioner furnishing cash security of Rs.1,00,000/- (Rupees one lakh) and property security of Rs.2,50,000/- (Rupees two lakhs fifty thousand), the vehicle, i.e., DI 740 CM series Tractor bearing Registration No.OD-09T-4143 shall be released in favour of the petitioner.

6. With the aforementioned modification to the impugned order, the CRLMC is partly allowed.

                                                                       (S.S. Mishra)
                                      Subhasis                             Judge







Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 21-Nov-2024 19:16:08