Ajay Kumar Agarwal @ Ajay Agarwal & Others vs State Of Odisha

V. Narasingh, J

I.A. No.1433 of 2023

Heard learned counsel for the Petitioner and learned counsel for the State.

This I.A. has been filed for modification of order dated 05.05.2023.

The bail application of the Petitioners in BLAPL No.2146 of 2023 and the bail application of another co-accused Rakesh Seth in BLAPL No.2165 of 2023 was disposed of by order dated 05.05.2023.

The Petitioner No.4 (Seji @ Amit Singh Saluja) in BLAPL No.2146 of 2023 has filed the I.A. seeking modification of stipulation of appearance twice a week before the jurisdictional P.S.

While disposing of the bail application, taking into account the role ascribed to the role ascribed to the Petitioner No.4 (Seji @ Amit Singh Saluja), this Court directed thus in paragraph-14. The same is extracted hereunder:-

Additionally, it is directed that Petitioner No.4 (BLAPL No.2146 of 2023) who is stated to be the leader shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin. The Petitioners shall not leave the State of Odisha without prior permission of the learned Court in seisin and/or without intimation to the I.O.”

It is submitted by the learned counsel for the Petitioner, on instruction that the investigation of the case is still going on and since the Petitioner (Seji @ Amit Singh Saluja) has been appearing before the jurisdiction police station in terms of the order passed by this Court, which is at a distance of 50Kms, the same is causing hardship.

Evidencing his appearance, learned counsel for the Petitioner has placed on record documents which, are taken on record.

Learned counsel for the State, on instruction dated 09.12.2023 submits that the investigation in the case at hand is still continuing. The instruction received by the learned counsel for the State is extracted hereunder:-

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“To,

The Advocate General Odisha, Cuttack.

Ref: ABLAPL NO.2146/2023 of Honb'le High Court Odisha filed by Ajaya Kumar Agarwal @ Ajay Agarwal & others vrs. State of Odisha in Belpada PS Case No. 24/2023 corresponding to G.R Case No. 97 of 2023.

Sub:- Submission of report.

Sir,

With reference to the case and subject cited above, I have the honour to report that accused Ajaya Kumar Agarwal @ Ajaya Agrawal (40), S/o Lt. Gobindram Agrawal of Kantabanji (Main Road), PS-Kantabanji, Dist-Balangir has not been appearing at PS twice in a week.

Further I have the honour to report that Charge Sheet/Final Form in this case is not being prepared due to the following grounds:-

i. The accused persons are not co-operating in investigation.

ii. The stolen DVR and involved Pistol are yet to be recovered/seized.

iii. Other accused persons Mohit Seth, Sehenawaz Khan & Bapi of Nuapada(Kantabanji) are till absconding after commission of crime and they are yet to be arrested.

iv. Further investigation is required for submission of Charge Sheet in this case.

This is for favour of your kind information.”

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On perusal of the same, it is seen that one of the co-accused Ajay Kumar Agarwal has not been appearing at the police station twice a week.

Considering the appearance of the Petitioner (Seji @ Amit Singh Saluja) before the jurisdictional police station in terms of the earlier direction and as the investigation is still continuing, this Court is persuaded to modify the stipulation as in paragraph-14 of the order dated 05.05.2023 and direct that the Petitioner (Seji @ Amit Singh Saluja) shall appear before the Kantabanji police Station within whose jurisdiction he ordinarily resides, twice a week till submission of final form.

Learned Court in seisin is called upon to act in terms of the order dated 05.05.2023 in paragraph-14 as modified and the order passed today.

Other stipulations remain unaltered.

Accordingly, this I.A. stands disposed of.

Urgent certified copy of this order be granted as per rule.

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