Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1213 of 2025
Jadunath Sahu …. Petitioner(s)
Mr. S. K. Mahanty, Advocate
-versus-
State of Odisha …. Opp. Party(s) Mr. S. N. Biswal, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 03.04.2025
01.
1. Heard.
2. The petitioner is aggrieved by the order dated 15.02.2025 passed by the learned J.M.F.C., Polasara in M.C. Case No.02 of 2025, whereby the learned Court below while allowing the application of the petitioner under Section 503 BNSS, 2023 (457 Cr.P.C.) for releasing the vehicle namely Ashok Lelyand Vehicle bearing Registration No.OD-05-AN-1602, has imposed a condition of furnishing cash security of Rs.3,50,000/-.
3.
Learned counsel for the petitioner submits that the value of the vehicle as per the insurance paper is Rs.3,90,000/- which has been recorded by the learned Court below. However, while releasing the vehicle, the petitioner has been directed to furnish
cash security of Rs.3,50,000/-. He is aggrieved by the same and has approached this Court by filing the present petition.
4.
Learned counsel for the petitioner further submits that the vehicle is got entangled in Polasara P.S. Case No.826 of 2024 for alleged commission of offences punishable under Sections 281/106(1) of BNS, 2023. The petitioner is not accused in the said case. The petitioner had engaged a driver, who got entangled in the case due to rash and negligent drive. The petitioner moved the application before the learned trial Court for releasing of the vehicle. Although the learned trial Court vide impugned order dated 15.02.2025 has released the vehicle, however imposed the onerous condition of cash security of Rs.3,50,000/-
5.
Learned counsel for the petitioner on instruction from his client submits that his client would complied with all other conditions as has been imposed by the learned trial Court and also furnished indemnity bond and property security to the tune of Rs.3,50,000/-.
6. Regard being had to the statement made by the learned counsel for the petitioner at the Bar, the condition imposed by the learned J.M.F.C., Polasara vide order dated 15.02.2025 for depositing the cash security of Rs.3,50,000/- is modified to the
extent that the petitioner shall furnish property security of Rs.3,50,000/- and also furnish indemnity bond of equal amount. Rest of the condition shall remain unaltered.
7. With this modification, the CRLMC is disposed of.
(S.S. Mishra)
Judge
Swarna Designation: Senior Stenographer