BLAPL No.7964 of 2016

Misc. Case No.901 of 2017

29.11.2017

Heard Mr. Jagannath Patnaik, learned Senior Advocate appearing for the petitio

ner and Mr. A.K. Bose, learned Assistant Solicitor General appearing for the CBI.

In this misc. case, the petitioner has filed an application for modifi

cation of the order passed by this Court on 24.04.2017 in BLAPL No.7964/2016. The petitioner s

pecifically prays to modify the conditions appearing in Clause (b) and Clause (f) of the parag

raph-27 of the aforesaid order. As per Clause (b), this Court directed the petitioner to depos

it a sum of Rs.1,90,00,000/- without prejudice before the lower court in four bi-monthly insta

llments. It is starting from 30th day of passing of that order. However, it is borne out from

the record that he has already deposited Rs.95,00,000/- and a sum of Rs.95,00,000/- is still r

equired to be deposited. The petitioner seeks to modify the order of depositing the cash befor

e the lower court by creating equitable mortgage. The learned Assistant Solicitor General emph

atically opposes to such an application for modification saying that once the bail application

is disposed of finally, then the Court becomes functus officio and cannot be modified the bas

ic structure of the order.

This Court is of the opinion that even in a case of bail the High Cour

t has the discretionary jurisdiction to change conditions imposed in a bail application. But,

this Court is not inclined to accept the prayer of the petitioner to create equitable mortgage

in lieu of payment of cash before the court. It gives six months time hence to deposit the re

maining amount of Rs.95,00,000/- in two installments.

As far as the Clause (f) is concerned, the petitioner was directed not

to leave the local limits of Bhubaneswar City without prior and express permission of the lea

rned Special CJM (CBI), Bhubaneswar. In the meantime, charge-sheet has been submitted. Trial h

as not commenced but the main accused has already been convicted on his confession. So, this C

ourt is of the opinion that keeping in view the profession of the petitioner, who happens to b

e a journalist by profession, this condition is creating hindrance in his day to day work. Thi

s Court directs that the condition i.e. Clause (f) appearing in paragraph-27 of the order date

d 24.04.2017 in the aforesaid bail application is hereby modified and recalled. This order sha

ll be read as a part of the original order dated 24.04.2017.

The Misc. Case is disposed of.

A free copy of this order be granted to Mr. A.P. Bose, learned Assista

nt Solicitor General for reference.

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

.

S.K. Mishra, J.

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