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Rabindranath Barik Vs. State of Odisha

[Criminal Appeal No. 1186 of 2017 @ Special Leave Petition (CRL) No. 1374 of 2017]


1. Leave granted.

2. The appellant is aggrieved since the High Court declined to pass an order for modification of the security ordered as a condition for the bail.

3. We are informed that the investigation has been completed and the chargesheet has been laid. We are also informed that the other two co-accused have furnished cash security of Rs. 50 Lakhs and property security of Rs. 50 Lakhs each. Thus, there is altogether a security of Rs. 2 Crores before the Court.

4. Having regard to the special circumstances of the case and in view of the security already secured by the court, we are of the view that it is in the interest of justice that the condition of bail is relaxed in the case of the appellant.

5. The learned counsel for the appellant submits that the appellant does not have exclusive property to offer security, however, a benevolent friend/relative has come forward to offer the security worth Rs. 15 Lakhs.

6. In the peculiar facts of this case, this appeal is disposed of, waiving off the condition of the bail and substituting the condition only as solvent property security of Rs. 15 Lakhs. The same shall be offered within a period of one month from today.

.......................J. [KURIAN JOSEPH]

.......................J. [R. BANUMATHI]

New Delhi;

July 18, 2017.


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