R.K. Pattanaik, J
I.A.No.173 of 2024
1. Instant I.A is field by the petitioner for modification of the Court’s order dated 7th February, 2024 passed in BLAPL No.520 of 2024 on the ground stated therein.
2. Learned counsel for the petitioner submits that the petitioner has been released on bail subject to one of the conditions to furnish a blood relation as a surety which he is unable to arrange, hence, therefore, the said condition is required to be modified in interest of justice. The objection of Mr. Behera, learned ASC for the State is noted down.
3. The petitioner belongs to the State of Bihar. In so far as the condition which has been imposed by the Court, according to learned counsel appearing for the petitioner, the same is not able to be complied with, hence, the petitioner is still in custody despite a bail order dated 7th February, 2024.
4. Considering the submissions of learned counsel for the respective parties and since it relates to recovery of 25.3 Kgs quantum of Ganja not from the petitioner alone but two others kept in a trolley bag at the Railway station of Berhampur town and since he is not able to do arrange the surety being an outsider, the Court is inclined to exempt the said condition in place of having two solvency sureties only with other conditions to remain intact. The Court is of the conclusion that the condition which has been imposed is required to be modified or else it would virtually amount to denial of bail since the petitioner has failed to comply the same and in the meantime, more than a month has gone by.
5. Accordingly, it is ordered. The I.A. stands allowed with the condition, such as, one of the sureties to be a blood relation as directed while disposing of BLAPL No.520 of 2024 is hereby deleted but such release shall be subject to fulfillment of other conditions imposed.
6. Urgent copy of this order be issued as per rules.
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