IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.Pattanaik
Nakul Kharsel @ Nirmal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's modification request (Para 1 , 2) |
| 2. contention on bail payment conditions (Para 3 , 4) |
| 3. court observes conditions on bail (Para 5) |
| 4. order to dispense bail conditions (Para 6 , 7 , 8) |
ORDER :
R.K. Pattanaik, J.
1. Heard Mr. Sahu, learned counsel for the petitioner and Mr. Mohapatra, learned AGA for the State.
2. Instant petition is filed by the petitioner seeking modification of the Court’s order dated 11th March, 2025 followed by the order in I.A. No.836 of 2025 dated 8th August, 2025 arising out of BLAPL No. 1700 of 2025 on the grounds stated therein.
3. It is submitted to the Court by learned counsel for the petitioner that the petitioner since was inclined to deposit an amount of Rs.1 lac instead of Rs.4.8 lac, the order in I.A. No.836 of 2025 was obtained. The further submission is that the petitioner has already deposited Rs.4.8 lac and hence, with an erroneous submission, the I.A. was disposed of by order dated 8th August, 2025. It is pleaded that the petitioner is unable to arrange the balance amount besides the payment of Rs.4.8 lac and he is in custody till date despite an order in BLAPL No. 1700 of 2025 dated 11th March, 2025, hence, the said
Onerous conditions on bail that effectively deny bail cannot be imposed; modification warranted when the petitioner demonstrates inability to comply with such conditions.
The court modifies bail conditions to reflect partial payments already made, affirming the petitioner's right to provisional bail upon compliance with new terms.
Bail conditions imposing compensation deposits must consider appellant's financial position and payments made.
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