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2024 Supreme(SC) 453

B. R. GAVAI, SANDEEP MEHTA
Siba Shankar Das @ Pintu – Appellant
Versus
State of Odisha – Respondent


Advocates:
For the Petitioner(s): Mr. Suresh Chandra Tripathy, AOR
For the Respondent(s): Mr. Som Raj Choudhury, AOR Ms. Shrutee Aradhana, Adv.
Mr. Prashant Kumar, Adv.

ORDER

1. Leave granted.

2. Mr. Som Raj Choudhary, learned counsel appearing for the respondent-State seeks further time on the ground that the notice was delivered to him on 13th March, 2024 and he has also filed vakalatnama on 21st March, 2024. We, therefore, not inclined to grant him further time.

3. The appellant has challenged the order dated 18th January, 2024 passed by the High Court of Orissa at Cuttack, vide which the application filed by the present appellant for withdrawal of the condition in order dated 11th August, 2022 came to be rejected. The condition which is sought to be withdrawn is thus:

    “(iv) The appellant shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly.”

4. We find that the imposition of such condition would breach the fundamental rights of the appellant and no such conditions could have been imposed.

5. We, therefore, quash and set aside the condition imposed by the High Court, to the extent the same is extracted above.

6. Accordingly, the appeals are allowed.

7. Pending applications, if any, stand disposed of.

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