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2025 DAILYLAW 32011 (ORI)

BELASEN @ BALASEN KANHAR @ BELARSEN KANHAR v. STATE OF ODISHA

CRLMA/65/2025 · 2025-09-09

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMA No.65 of 2025 Belasen @ Balasen Kanhar @ Belarsen Kanhar ..... Petitioner Represented By Adv. – Mr. Laxman Pradhan -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. Babita Kumari Sahoo, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 09.09.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. This Criminal Miscellaneous Application has been filed with a prayer for modification of the condition No.IV imposed by the learned J.M.F.C., Hindol in G.R. Case No.441 of 2016 while releasing the accused-Petitioner on bail vide order dated 05.03.2025. 3. Learned counsel for the Petitioner, at the outset, contended that earlier the Petitioner had approached this Court by filing ABLAPL No.6361 of 2024, which was disposed of by this Court vide order dated 19.11.2024 thereby directing the Petitioner to surrender and go on bail subject to certain terms and conditions as indicated in paragraph-4 of order dated 19.11.2024. After disposal of the above Page 2 of 2. noted bail application, the Petitioner moved the trial court by filing the bail application. Accordingly, the Petitioner has been enlarged on bail vide order dated 05.03.2025. In compliance to the order dated 19.11.2024 passed by this Court in ABLAPL No.6361 of 2024, the trial court has also imposed the conditions, which were reflected in order dated 19.11.2024 passed by this Court. 4. Learned counsel for the Petitioner, at this juncture, contended that it is difficult for the Petitioner, who is a poor person, to travel more than 100 Kms. to appear before the trial court although no effective work takes place on such dates. On such ground, learned counsel for the Petitioner prayed for modification of condition No.IV, as has been indicated in order dated 05.03.2025, imposed by the learned J.M.F.C., Kodala, Ganjam. 5. Taking into consideration the submissions made by the learned counsel for the Petitioner, this Court disposes of the present application by granting liberty to the Petitioner to approach the learned J.M.F.C., Kodala, Ganjam within three weeks from today. In such eventuality, the learned J.M.F.C., Kodala shall modify the condition suitably without looking at the conditions of order dated 19.11.2024 passed by this Court in ABLAPL No.6361 of 2024. 6. With the aforesaid observation and direction, the CRLMA stands disposed of. ( A.K. Mohapatra ) Judge Debasis