Prasanta Kumar Senapati vs State Of Odisha

V. Narasingh, J

I.A. No.1237 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 29.08.2023.

It is submitted by the learned counsel that by order dated 29.08.2023 while granting bail to the petitioner, it was directed that upfront the petitioner shall furnish cash security to the tune of Rs.5,00,000/-(Rupees five lakhs) and one month after release the petitioner shall deposit a further sum of Rs.5,00,000/-(Rupees five lakhs) on the date fixed by the learned Court in seisin.

It is submitted by the learned counsel that the petitioner has deposited Rs.5,00,000/-(Rupees five lakhs) and has been released on bail, but he has difficulty in depositing the balance of Rs.5,00,000/-(Rupees five lakhs) in one go and on instruction learned counsel for the petitioner submits that the petitioner will deposit the same in five equal monthly installments.

Considering the recitals in the I.A. and submission made by the learned counsel for the petitioner, this Court is persuaded to modify the direction relating to deposit of Rs.5,00,000/-(Rupees five lakhs) post release and it is directed that the petitioner shall deposit the said amount of Rs.5,00,000/-(Rupees five lakhs) in five equal monthly installments and first of the installments shall fall due on 03.10.2023 and the balance four monthly installments on the date fixed by the learned Court in seisin.

It is made clear that non deposit of Rs.5,00,000/-(Rupees five lakhs) in terms of the earlier order shall not be treated as a violation of the order passed by this Court.

Learned Court in seisin is called upon to act on the basis of the order dated 28.09.2023 in paragraph-9 as modified and the order passed in this I.A.

Other stipulations remain unaltered.

Accordingly, this I.A. stands disposed of.

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

………………………………